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gconnect
14-12-2008, 10:14 AM
Ms.Roopa asked
"I am working in railways. i would like to take child care leave. whether LAP(LEAVE ON AVERAGE PAY) and LHAP(HALF PAY) both should be exhausted or only LAP. The order says EL. regarding rlys EL means what. Either LAP or LHAP or both. kindly confirm thro' our ministry."

sundarar
14-12-2008, 11:15 AM
Dear Sirs,

In respect of CCL, no question of exhausting Half Pay Leave. Only the EL, which appears to have been called as Leave on Average Pay in Railways, need to be exhausted. Just for the sake of availing CCL, the EL is being exhausted (not referring the instant case) in general in other offices. The whole purpose of sanctioning the CCL and combining with exhausting of EL is something else, in the interest of official exigencies. Therefore, it is desirable that all female employees can be given straight away 2 year CCL and the same can be added with EL so that any time they can avail depending on their personal requirement before retirement. Only exception can be that the CCL portion shall be availed and not available for any encashment. Because, many of the female employees who are having children above 18 years, could not avail the benefit without which they would have suffered a lot during their post-natal periods and during schooling of their children. Atleast there should not be any disparity among female employees, let alone their counterparts.

Best Regards.

badri mannargudi
14-12-2008, 07:12 PM
Dear Sirs,

In respect of CCL, no question of exhausting Half Pay Leave. Only the EL, which appears to have been called as Leave on Average Pay in Railways, need to be exhausted. Just for the sake of availing CCL, the EL is being exhausted (not referring the instant case) in general in other offices. The whole purpose of sanctioning the CCL and combining with exhausting of EL is something else, in the interest of official exigencies. Therefore, it is desirable that all female employees can be given straight away 2 year CCL and the same can be added with EL so that any time they can avail depending on their personal requirement before retirement. Only exception can be that the CCL portion shall be availed and not available for any encashment. Because, many of the female employees who are having children above 18 years, could not avail the benefit without which they would have suffered a lot during their post-natal periods and during schooling of their children. Atleast there should not be any disparity among female employees, let alone their counterparts.

Best Regards.
Dear friends,
I agree with Shri Srrjee in so far as the answer to the query is concerned. The EL is akin to Leave on Average Pay. Similarly, Half Pay leave is akin to Leave of average of Half Pay. When the Leave Rules refer to EL alone, obvious inference is that all other kinds of leave including Half Pay remain unaffected by the stipulation under study. There is no reason to have a different view for Employees of Railways.

As an aside, I would like to congratulate the Administrator for starting his participation.
With regards,
Badri.

jitendraacr
16-12-2008, 04:04 PM
Dear friends
Railway services(Liberlised leave) Rules, 1949 at para 523 and 526 clearly distinguished LAP and LHAP and there should be no doubt that LAP is equivalent to EL and LHAP to HPL. As per clarification issued by the Min. of Railway dated 12.12.08 available on its website, only EL has to be exhausted. In this situation there is no question of exhausting LHAP. Case is clear. Leave rules as quoted above may be referred if necessary.
Jitendra

roopa
22-12-2008, 09:42 PM
Dear friends
Railway services(Liberlised leave) Rules, 1949 at para 523 and 526 clearly distinguished LAP and LHAP and there should be no doubt that LAP is equivalent to EL and LHAP to HPL. As per clarification issued by the Min. of Railway dated 12.12.08 available on its website, only EL has to be exhausted. In this situation there is no question of exhausting LHAP. Case is clear. Leave rules as quoted above may be referred if necessary.
Jitendra

sir,

thanks for ur comments. i need the copy of railway boards letter mentioning only LAP should be exhausted. here they say in office that LHAP should also be exhausted. kindly let me know the contents mentioned in para 523 and 526. send me a copy. thankyou sir.
roopa

jitendraacr
22-12-2008, 11:38 PM
Dear friend
You may see the railway board letter on the official website of min of railway. You may also find paras mentioned in my reply in Railway Services(liberlised leave rules) on website itself. However if you still have any difficulty I could get it for you. Please try.

gdd
17-01-2009, 12:59 PM
I am working in Railways. The problem of whether EL includes both LAP & LHAP still continues. I went on CCL for 10 days from 11.12.08 to 20.12.08, after exhausting my LAP and after getting the leave sanctioned from the competent authority. The sanctioned leave letter was handed over to PB before proceding on leave. I resumed duty after the sanctioned 10 days.Now, PB staff have informed me orally, that LHAP also should be exhausted & that my sanctioned leave of 10 days will be treated only as LHAP. I stand to lose half of my salary for 10 days owing to the confusion in the PB. Hence I would like to know 1) if any of our discussion forum members working in Rlys. have availed of CCL, and if so, was LHAP also exhausted? 2) is there any clarification from Rly. Board in this regard? 3) Is there any Central Govt. order , applicable to other Central govt. depts.,clearly showing that EL is only fully earned Leave on Average Pay? S.O.S. please help.

badri mannargudi
17-01-2009, 10:27 PM
I am working in Railways. The problem of whether EL includes both LAP & LHAP still continues. I went on CCL for 10 days from 11.12.08 to 20.12.08, after exhausting my LAP and after getting the leave sanctioned from the competent authority. The sanctioned leave letter was handed over to PB before proceding on leave. I resumed duty after the sanctioned 10 days.Now, PB staff have informed me orally, that LHAP also should be exhausted & that my sanctioned leave of 10 days will be treated only as LHAP. I stand to lose half of my salary for 10 days owing to the confusion in the PB. Hence I would like to know 1) if any of our discussion forum members working in Rlys. have availed of CCL, and if so, was LHAP also exhausted? 2) is there any clarification from Rly. Board in this regard? 3) Is there any Central Govt. order , applicable to other Central govt. depts.,clearly showing that EL is only fully earned Leave on Average Pay? S.O.S. please help.

My dear friends!
All that the querist must do is to bring to the attention of her Higher Authorities, the contents of Railway Board's Circular No. PC VI VI No.58/2008 ; RBE No. 195 dated 12.12.2008 issued from F.No.E(P & A) I - 2008/CPC/LE - 8.
The relevant portion is reproduced for favour of ready reference by the Querist:

Quote
" *******
Sub; CCL...........clarificication.....
.......
."******following clarifications are issued
(ii) The leave is tobe treated like Earned leave and sanctioned as such.
(iii).............
(iv) CCL can be availed only if the employee has no earned leave at her credit.
(v)............. The child care leave sanctioned for the period beyond 18.11.2008 shall be regulated in terms of (iv) above."

s/d ............
(Chander prakash)
Joint Director Estt(P & A)
Railway Board.
Unquote.

The querist may see the scanned copy of the letter in the wed site of the Ministry.
www.indianrailways.gov.in under the titile "pay commission". See under No.195 dated 12.12.2008

It is a pity that even after clarification by Railways, the Authorities concerned are not prepared to follow the Rules in their proper perspective.
I hope the querist would get relief from the said clarification given by none other than the Board itself.
With regards,
Badri

gdd
18-01-2009, 12:28 PM
Thank you sir, for your clarification. I have already shown this letter to my Personnel Branch, but their contention is that as both Leave on Average pay & Leave on Half Average Pay are earned once in every six months, both kinds of leave are earned leave. I don't know how to make them see reason. They want some order clearly stating that the Earned Leave as stated in Rly. Board's letter cited by you ,is only LAP. Please help.

badri mannargudi
18-01-2009, 11:05 PM
Thank you sir, for your clarification. I have already shown this letter to my Personnel Branch, but their contention is that as both Leave on Average pay & Leave on Half Average Pay are earned once in every six months, both kinds of leave are earned leave. I don't know how to make them see reason. They want some order clearly stating that the Earned Leave as stated in Rly. Board's letter cited by you ,is only LAP. Please help.

Dear GDDjee,
It is unthinkable that a Specific reference to EL (LAP in your case)can be said to include HPL (LHAP, in your case) under the pretext that both kinds of leave are only earned. A referene to the term "Chair" can never be said to include "Table" simply because both have four legs.
It appears your Personnel Branch is raising objection for the sake of objection with the obvious inconvenience.

Under the circumstances and in the facts of the case, my suggestion would be to seek clarification (ofcourse, through proper channel) from none other than the Joint Secretary Joint Director Estt(P & A) Railway Board who issued the clarification referred to in my last post in the instant thread.
You are bound to succeed.(Meanwhile, I am just searching for the authority for the argument I have advanced. I think there is an OM. Pl give me a couple of days time.
With regards,
Badri

gdd
20-01-2009, 09:27 PM
Thanks Sir for your reply. Please do forward the OM as soon as possible. I'm looking forward to your post.

gdd
25-01-2009, 11:03 AM
Shri Badrijee, My personnel branch have successfully deducted half of my salary for the 10 days sanctioned CCL during Dec'08. f you can trace out the OM defining EL, please give me the details. Meanwhile, I am also seeking clarification from my higher-ups. As my only daughter is appearing for the
10th std. Board exams in Mar'09, I hope and pray that I'll be able to make my PB see light atleast by then. Regards, GDD.

vaasturam
03-03-2009, 05:56 PM
Hi,

I am furnishing some extract which might be useful to you

................EXTRACT BEGINS HERE............
RAILWAY SERVICES (LIBERALISED LEAVE) RULES, 1949 ..............

Kinds and amount of Leave Due and Admissible

523 Leave on average pay-

(1) (a) (i) A Railway servant permanent or temporary other than one who is
serving in a railway school shall be entitled to 30 days leave on average pay in a calendar year.

(ii) The leave account of every railway servant shall be credited with leave on average pay in advance in two instalments of 15 days each on the first day of January and July every calendar year..........

....524 Calculation of leave on average pay-

(1) Leave on average pay shall be credited to the leave account of a railway servant at the rate of 2 days for each completed calendar month of service which he is likely to render in a half year in which he is appointed.

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

(b) When a railway servant is removed or dismissed from service or dies while in service, credit of earned leave shall be allowed at the rate of 2 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..........

.......526 Leave on half average pay-

(1) (a) A railway servant, permanent or temporary, other than one who is serving in a Railway school, shall be entitled to leave on half average pay of 20 days in respect of each completed year of service.

Sub- Rule 526(1(a) substituted vide Railway Board's ltr. No. E(P&A) I-92/CPC/LE-3 dated 04-12-92 i.e. ACS-27/R-I

(b) The leave due under clause(a) may be granted on medical certificate or on private affairs.
................EXTRACT ENDS HERE.................

MY OBSERVATION-

I have been through your posts and felt the need to help you out. Hence this extract. I have browsed through the whole of RAILWAY SERVICES (LIBERALISED LEAVE) RULES, 1949 and the term "EARNED LEAVE" appears at only one place - under Sec.524 Calculation of leave on average pay-
sub-clause 2(b) which I have reproduced in the extract above.

From this, it can be observed that the term EARNED LEAVE is associated only with LEAVE ON AVERAGE PAY, which can be surrendered or encashed.

It is amply clear that LHAP - LEAVE ON HALF AVERAGE PAY is equivalent to SICK LEAVE which cannot be surrendered or encashed.

The Ministry of Personnel, Public Grievances & Pensions vide its Office Memorandum dated 18th Nov 2008 has categorically stated that CCL should be treated like the Earned Leave and sanctioned as such.

Persons who are against the CCL may please note that NONE OF THE UNIONS had put up any demand for this. This CCL is a VOLUNTARY RECOMMENDATION by the PAY COMMISSION PANEL and is being extended by the Government as a SOCIAL WELFARE MEASURE keeping in view the struggles faced by WORKING WOMEN in raising their wards.

Any rumours / misinterpretation of the rules by jealous/vested interests will only go in defeating the very purpose of the GOVERNMENT'S OBJECTIVE FOR THIS SOCIAL WELFARE MEASURE.

I am very much sorry that your pay has been cut on account of willful misinterpretation of the rules.

I implore you to carry on the battle till truth prevails.

R.RAMASUBRAMANIAM
vaasturam is online now Forward Message

gdd
05-03-2009, 08:05 PM
Thankyou Sir, What you have stated is very clear. But, my PB refuses to accept this. On being contacted, even PB officials in S.Rly. headquarters state that all leave that is earned has to be exhausted (i.e both LAP & LHAP) before availing CCL. It is understood that the same line of reasoning is being followed in other Zonal Rlys. too. Let's hope that wisdom prevails. Thanks again.

mrajeev
16-03-2009, 06:14 AM
The PB of SR should seek clarification from the Rly Board. The benefits awarded by the 6th CPC are a welfare measure for all our lady collegues. Once some of them started misusing that (my younger child is 16 yrs and I am left with only two years to consume the CCL) the Govt has put a condition that this should be treated as additional EL for Ladies which children in need of special attention and can be availed only after the EL is exhausted. In no way, the clarification issued by DOPT mention about the exhausting of HPL. The exact expression for Earned Leave is PRIVILEGE LEAVE, which is a privilege extended to all employees to meet their persona, Planned requirements without specifying any particular reason (even rest/leisure) will do and needs to be sanctioned in advance and no damage is done to you. The expression HPL earned in the half year does not equate the HPL with the EL (or Privilege Leave). For availing HPL you need to specify a valid reason such as Medical Exigencies etc. and you stand to loose a portion of your Pay (or you have to commute by availing double number of HPL). If the PB of SR is still adament to this benefit of the Ladies, the only way out will be approaching the Local/Chennai Branch of the Commission for the welfare of the women.

gdd
19-03-2009, 01:15 PM
Thank you sir for your post. The pity is that nobody in PB is bothered to even get an official clarification on CCL. It's a pity that no union is also bothered about it. Meanwhile, those who are really in need of leave are availing LHAP. It's a pity that even a Central Govt. decision for the welfare of working women is being strangled. It speaks on the condition of women in democratic India.