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Thread: Child Care Leave adjustment against EL

  1. #1
    Administrator gconnect has disabled reputation
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    Question Child Care Leave adjustment against EL

    GConnect user Manasipaul asked

    I am a Central Govt. employee. My daughter completed her 18 years on 6th December, 2008 and she is appearing her Class-XII (CBSE) Final Examination on March 2009. She is a serious patient of hypothyroidism, asthma, neuropsychological and other related problems. Based on the above mentioned causes I applied for Child Care Leave (Govt. of India's O.M. No.13018/2/2008-Estt(L) dated.11.09.2008) and the sanctioning authority of my office sanctioned me CCL w.e.f. 22.09.2008 to 05.12.2008 (as my daughter completed her 18 yrs on 6.12.2008). According to the Govt. of India's O.M. No.13018/2/2008-Estt(L) dated.18.11.2008 (Child care leave can be availed when Earn leave is exhausted) my office informed me to join for duty and I immediately joined without completing the granted period for the said leave.
    Now my department has issued an order that the CCL I availed would be adjusted from my EL account. My question is that whether the department is justifying? Please reply.

  2. #2
    Member naukar is on a distinguished road
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    Default

    No adjustment should be done from any kind of leave repeat any kind of leave till 18.11.2008 and from 19.11.2008 the period of ccl may be adjusted from el. Necessary orders available in gconnect

  3. #3
    Senior Member sundarar is on a distinguished road
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    Default No adjustment till 18.11.2008

    Yes please. Definitely the order dt. 18.11.2008 can not be enforced with retrospective effect. It is the problem of the issuing authority who did not clearly spelling out that such adjustment shall be from which date. In the absence of speaking order, we have to infer that it will have effect only from the date of issue of the order only. Period prior to that date will be treated as CCL only and not with any other kind of leave.

  4. #4
    Senior Member sundarar is on a distinguished road
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    Default Latest Order dt.2.12.2008 on CCL

    Quote Originally Posted by gconnect View Post
    GConnect user Manasipaul asked

    I am a Central Govt. employee. My daughter completed her 18 years on 6th December, 2008 and she is appearing her Class-XII (CBSE) Final Examination on March 2009. She is a serious patient of hypothyroidism, asthma, neuropsychological and other related problems. Based on the above mentioned causes I applied for Child Care Leave (Govt. of India's O.M. No.13018/2/2008-Estt(L) dated.11.09.2008) and the sanctioning authority of my office sanctioned me CCL w.e.f. 22.09.2008 to 05.12.2008 (as my daughter completed her 18 yrs on 6.12.2008). According to the Govt. of India's O.M. No.13018/2/2008-Estt(L) dated.18.11.2008 (Child care leave can be availed when Earn leave is exhausted) my office informed me to join for duty and I immediately joined without completing the granted period for the said leave.
    Now my department has issued an order that the CCL I availed would be adjusted from my EL account. My question is that whether the department is justifying? Please reply.
    No.13018/2/2008-Estt.(L)
    Government of India
    Ministry of Personnel, Public Grievances & Pensions
    [Department of Personnel & Training]
    Subject:-Child Care Leave in respect of Central Government
    employees as a result of Sixth Central Pay
    Commission recommendations Clarification
    regarding.
    The undersigned is directed to refer to this
    Department's O.M. of even number dated 11th September, 2008
    regarding introduction of child care leave in respect of Central
    Government employees and subsequent clarifications vide
    O.M. dated 29th September, 2008 and 18th November, 2008. It
    is further clarified that child care leave sanctioned prior to
    issuance of O.M. No. 13018/2/2008-Estt.(L) dated 18th
    November, 2008 shall be treated as child care leave and shall
    be deducted from the Child Care Leave account of the
    Government servant concerned. No adjustment against any
    other kind of leave shall be made in this regard. The Child
    Care Leave sanctioned for the period beyond 18/11/2008 shall
    however be regulated in terms of clarification issued vide O.M.
    of even number dated 18/11/2008.
    ~~
    (Simrni R. Na~
    Director
    All Ministries/Departments of the Govt. of India, etc.
    (As per standard lTlailing list).

  5. #5
    Junior Member manasipaul is on a distinguished road
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    Default Child care leave-adjustment

    Quote Originally Posted by sundarar View Post
    Yes please. Definitely the order dt. 18.11.2008 can not be enforced with retrospective effect. It is the problem of the issuing authority who did not clearly spelling out that such adjustment shall be from which date. In the absence of speaking order, we have to infer that it will have effect only from the date of issue of the order only. Period prior to that date will be treated as CCL only and not with any other kind of leave.


    Thank you very much for your reply. Just today I have found the G. I. order of 2.12.2008 in this regard.

  6. #6
    Junior Member manasipaul is on a distinguished road
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    Default

    Thank you very much for your reply. Just today I have found the G. I. order of 2.12.2008 in this regard.

  7. #7
    Member ukkas is on a distinguished road
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    Default Ccl

    Mr.X who is working as LDC applied for 200 days Chile Care Leave with effect from 01-01-2010 for the purpose of caring her daughter's examination. she is having 30 days earned leave at her credit as on date. How can issue the sanction order ? department telling that, first she apply for earned leave and after expirty of earned leave she should rejoined and apply for CCL. Some other department saying that department can sancion Child Care Leave with effect from 01-01-2010 and Earned Leave avalable her credit will be lapsed automatically. What is the correct procedure for issueing sanction order. Kinldy clarify anyone.

  8. #8
    Senior Member tvenkatam is on a distinguished road
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    Default

    Quote Originally Posted by ukkas View Post
    Mr.X who is working as LDC applied for 200 days Chile Care Leave with effect from 01-01-2010 for the purpose of caring her daughter's examination. she is having 30 days earned leave at her credit as on date. How can issue the sanction order ? department telling that, first she apply for earned leave and after expirty of earned leave she should rejoined and apply for CCL. Some other department saying that department can sancion Child Care Leave with effect from 01-01-2010 and Earned Leave avalable her credit will be lapsed automatically. What is the correct procedure for issueing sanction order. Kinldy clarify anyone.
    Dear Friend,

    Leave of any kind due and admissible can be availed in conjunction with the Child Care Leave. At the same time Child Care Leave can be granted only if no Earned Leave is available to the credit of the employee.

    Based on these provisions, your friend may avail EL to the extent of its availability and in continuation avail CCL. Application for the entire period of proposed absence (both EL and CCL) can be submitted in the beginning itself.

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