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DR.VBP
18-02-2009, 09:45 PM
For encashment of leave while availing LTC rule requires one to take equal number of EL .There is a situation when working days come in between holidays. If one wants to take EL on holidays to fulfill the quantum of leave for encashment . Is it permissible under rules?
Example : 4,5 holidays, 6,7,8 working days 9,10,11,12 holidays. One has only 10days EL and he wants to encash 5 days and Starting travel on 4th. Can he take EL from 4 to 8th? Help!

DrVBP

jitendraacr
18-02-2009, 10:53 PM
Dear Sir
It is clear that one has to take 10 days EL for encashment of 10 EL. It does not mean that one can take 10 days leave and can avail 10 days encashment. He has to avail 10 days EL for the purpose. One should have to get 20 days EL deducted from his account. 10 days for encashment and 10 days for leave.

2. One more query of yours regarding Economy Fair on LTC is pending. Sir I had a circular of DoP&T which provides details of website from where one can know the Economy Fare of each route. But the same is missing from my side. As and when I will get. I will post it for you.
with regards
Jitendra

venkatcustoms
18-02-2009, 11:01 PM
For encashment of leave while availing LTC rule requires one to take equal number of EL .There is a situation when working days come in between holidays. If one wants to take EL on holidays to fulfill the quantum of leave for encashment . Is it permissible under rules?
DrVBP

Regarding this querry, yes, it is permissible. you can take EL on holidays also. For example, if 4,5 are holidays, 6 to 8 are working days and 9 to 13 are holidays, you can apply for EL from 4th to 13th and apply for encashment of 10 days' EL.

Regarding second part, if there is only 10 days EL at credit, encashment of EL on LTC can not be permitted as the rule clearly says that after deducting the EL availed plus days of encashment, there should at least be 30 days of EL at credit.

DR.VBP
19-02-2009, 01:29 PM
many thanks to both Venkat & Jithender for the prompt clarification. Our office was refusing to allow EL to start from holidays. Though they have no rule to point out.

On the second part is i have infact 300+10 leave at credit so that should not be a problem
rgds
vbp

badri mannargudi
19-02-2009, 10:34 PM
For encashment of leave while availing LTC rule requires one to take equal number of EL .There is a situation when working days come in between holidays. If one wants to take EL on holidays to fulfill the quantum of leave for encashment . Is it permissible under rules?
Example : 4,5 holidays, 6,7,8 working days 9,10,11,12 holidays. One has only 10days EL and he wants to encash 5 days and Starting travel on 4th. Can he take EL from 4 to 8th? Help!

DrVBP


Regarding this querry, yes, it is permissible. you can take EL on holidays also. For example, if 4,5 are holidays, 6 to 8 are working days and 9 to 13 are holidays, you can apply for EL from 4th to 13th and apply for encashment of 10 days' EL.

Regarding second part, if there is only 10 days EL at credit, encashment of EL on LTC can not be permitted as the rule clearly says that after deducting the EL availed plus days of encashment, there should at least be 30 days of EL at credit.
Dear friends!
I am not able to concur with the view expressed by my learned brother,V customs(2829). I do not think one can apply for E.L either for days which are prefixed or suffixed and one has no liberty to convert such natural or declared holidays. There is only one distant possibility as explained herein below;-

I apply for earned leave for Monday to Friday; the same is sanctioned; I proceeded on leave. It just so happens that Monday as well as Friday are declared Holiday. In this eventuality, the earned leave sanctioned to me undergoes no change.
In other cases, the days prefixed or suffixed or both, as the case may be, can never be got deducted from my Leave Account for what ever reason.
Coming to the original query, one way out to the original problem raised by Shree VBP sir, is that the employee should apply for leave from 3rd. In this case, automatically the intervening holidays (4th and 5th) would be deducted from the credit. (save the conditional balance of 30 days lying in credit after availment of E.L and encashment of EL).
The Query raised by Shree VBP is answered in the negative for the fact that the Holidays Prefixed or Suffixed are not debited in the Leave Salary Account. I hope many may be aware as to how Leave Salary is drawn/accounted for. I welcome postmortem of this review.
With regards,
Badri.

venkatcustoms
20-02-2009, 07:51 AM
I differ from my Brother Badrimannargudi. I think we can avail leave of any kind on any holiday. I have gone through the Leave Rules. There is no condition as to one can not avail Leave on holidays. I hope people from administration sections may clarify this.

narayanan
20-02-2009, 08:13 AM
Dear friends,

I would like to draw your attention to the meaning of leave and holidays given below:

Leave : The period of time during which you are absent from work or duty.

Holiday: A general leave of absence from a regular occupation for rest or recreation

In my view, Holiday is also a type of leave which requires permission to avail for trip. If an individual prefers to treat a holiday as a leave to be credited to his account, it cannot be prevented.

Therefore, Holidy can be treated as leave if the employee so prefer.

With regards,

Narayanan

badri mannargudi
20-02-2009, 12:26 PM
I differ from my Brother Badrimannargudi. I think we can avail leave of any kind on any holiday. I have gone through the Leave Rules. There is no condition as to one can not avail Leave on holidays. I hope people from administration sections may clarify this.


Dear friends,

I would like to draw your attention to the meaning of leave and holidays given below:

Leave : The period of time during which you are absent from work or duty.

Holiday: A general leave of absence from a regular occupation for rest or recreation. On this day the whole office remains closed and the individuals are at liberty to spend the day the way they deem it proper.

In my view, Holiday is also a type of leave which requires permission to avail for trip. If an individual prefers to treat a holiday as a leave to be credited to his account, it cannot be prevented.

Therefore, Holidy can be treated as leave if the employee so prefer.

With regards,

Narayanan
Dear friends,
With due respects to my brother and Shri Narayanan, I feel the concept I referred to has not been appreciated by them, in its proper perspective.
The concept of Prefix and Suffix Holidays to the E.L (or for that matter, leave of any kind referred to in Leave Rules) must be understood before one goes to decide the question whether leave can be demanded/availed of on Holiday(s).
I do not think that I need to give a lecture to drive home the point that "The leave sought for leaving H.Q" is quite different. Suffice it to say that it has nothing to do with debiting our leave account. Leave literally means Permission to state or act or have some thing.
As for the observation by V Customs to the effect that there is no Rule that bars a GS from availing himself of (earned) Leave on Holiday, I would only say that this kind of amusing situation would not have been foreseen by the Rule Makers.
(I remember till recently, even when a commodity was wholly exempt unconditionally, assessees were paying duty and it was upheld by Courts on the basis that the assessee can choose to forego the exemption. Now an unconditional exemption when available it has to be availed of.) In this case, Tariff Rate and Exemption Rate were both available. In the instant case study there is no express availability of both.
If the argument raised by /view held by VCustoms and Shri Narayanan is accpted, will anyone answer the question as to whether a GS opting to work on Holidays has the liberty to demand that the like number of days be credited to Earned Leave account, on compensatory basis? As far I know, one is entitled to avail oneself of compensatory HOLIDAY (and, mind you, it is not compensatory leave). This is a concession extended to me by the department to be absent from my duty on the basis of compensation. Even this is not a matter of right.

With regards,
Badri

jitendraacr
20-02-2009, 09:38 PM
Dear friends
with due respect I am to interfere in the matter. The practical aspects related to the original query is " Any leave can not be started from a closed holiday. However any closed holiday if falls during the period of leave, it will be deducted towards leave. If leave period starts from closed holiday and also ends on closed holiday, both the holidays will come with leave as Prefix and Suffix and will not be deducted from leave account. It is very simple and no one should have any confusion on it.
As regards Dr.VBP query, he can avail 3 days encashment only since he is on leave for 3 days only from 6 to 8. All other holidays will be termed as Prefix(4&5) and suffix(9 to 12).
with regards
Jitendra

hem
04-03-2009, 09:32 AM
In teaching job we have winter and summer vacation.How can one avail 10EL encashment while taking LTC in vacation?pLEASE CLARIFY.