Railway Services (Liberalised Leave) Rules, 1949 - Part 4C
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Railway Services (Liberalised Leave) Rules, 1949
Part – 4C
Kinds and Amount of Leave Due and Admissible
527. Commuted leave:
Commuted leave not exceeding half the amount of leave on half average pay due may be granted on medical certificate to railway servant subject to the following condition:-
(a) the authority competent to grant leave is satisfied that there is reasonable prospect of the railway servant returning to duty on its expiry;
(b) when commuted leave is granted, twice the amount of such leave shall be debited against the leave on half average pay due;
(c) there is no limit to the number of days of commuted leave to be availed of during the entire service;
(d) leave on half average pay up to a maximum of 180 days shall be allowed to be commuted during the entire service where such leave is utilised for an approved course of study which is certified to be in the public interest by the leave sanctioning authority.
(e) where a railway servant who has been granted commuted leave and resigns from service or at his request is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as leave on half average pay and the difference between the leave salary in respect of commuted leave and leave on half average pay shall be recovered:
Provided that no such recovery shall be made if the retirement is compulsorily thrust upon him by reason of ill health incapacitating the railway servant for further service or in the event of his death.
(f) commuted leave may be granted at the request of the railway servant even when leave on average pay is due to him.
528. Leave not due:
(1) Leave not due may be granted to a railway servant in permanent employment subject to the following condition:-
(i) leave not due shall be limited to the leave on half average pay is likely to earn thereafter;
(ii) leave not due during the entire service shall be limited to a maximum of 360 days on medical certificate;
(iii) Leave not due shall be debited against the half pay leave he is likely to earn subsequently;
(2) (a) Where a railway servant who has been granted leave not due resigns from service or at his request permitted to retire voluntarily without returning to duty the leave not due shall be cancelled, his resignation or retirement taking effect from the date on which such leave had commenced and the leave salary shall be recovered.
(b) Where a railway servant who having availed himself of leave not due returns to duty be resigns or retires from service before he has earned such leave he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently.
Provided that no leave salary shall be recovered under clause (a) or clause (b) if the retirement is compulsorily thrust upon him by reason of ill health incapacitating the railway servant for further service or if he is retired compulsorily on disciplinary grounds or due to pre-matured retirement under para 620 of Manual of Pension Rules or the provisions relating to compulsory retirement of non-pensionable Railway servants on rendering 30 years of service or in the event of his death.
Refer: Sub-Rule 528(1)(ii) amended vide Railway Board's letter No. E(P&A) I-86/CPC/LE-9 dated 27-01-89 i.e. ACS-9/R-I
529. Leave not due to temporary railway employees:
Subject to the provisions of clause (i) and clause (iii) to rule 528(1), leave not due may be granted to temporary railway servants who are suffering from TB, Leprosy, Cancer or Mental illness, for a period not exceeding 360 days during the entire service on medical certificate if the railway servant concerned has put in at least one year's railway service:
Provided that the post from which the railway servant proceeds on leave is likely to last till his return to do duty; and the request for leave is supported by a medical certificate.
Note: Leave not due, under Rule 528 and 529, is leave admissible under the Rules and where it can be granted, the grant of Extraordinary leave under Rule 530 will be irregular unless specifically applied for by the Railway servant in writing.
530. Extraordinary leave:
(1) Extraordinary leave may be granted to a railway servant in special circumstances:-
(a) when no other leave is admissible, and
(b) when other leave is admissible, but the railway servant applies in writing for the grant of extraordinary leave.
(2) Unless the President in view of the exceptional circumstances of the case otherwise determines, no temporary railway servant shall be granted extraordinary leave on any one occasion in excess of the following limits:-
(a) three months, without a medical certificate.
(b) six months where the railway servant has completed 1 year’s continuous service on the date of expiry of leave of the kind due and admissible under these rules including three months extraordinary leave under clause (a) and his request for such leave is supported by a medical certificate as required by these rules.
Refer: Sub-Rule 530(2)(b) substituted vide Railway Board's ltr. No. E(P&A) I-89/CPC/LE-8 dated 17-01-90 i.e. ACS-12/R-I
(c) eighteen months where the railway servant has competed one year's continuous service and is undergoing treatment for -
(i) pulmonary tuberculosis or pleurisy of tubercular origin, in a recognised sanatorium, Railway Hospital and Railway Chest Clinics.
(ii) tuberculosis of any other part of the body certified by a qualified TB Specialist/Civil Medical Officer.
(iii) leprosy in a recognised leprosy institution or hospital recognised by the State Administrative Medical Officer concerned.
(iv) Cancer or for mental illness in an institution recognised for the treatment of such disease or by a Medical officer of Specialist of railway or government.
(d) twenty-four months where the leave is required for the purpose of prosecuting studies certified to be in public interest, provided the railway servant concerned has completed three years continuous service on the date of expiry of leave of the kind due and admissible under these rules, including three months extraordinary leave under clause(a).
(3) (a) Where a railway servant is granted extraordinary leave in relaxation of the provisions contained in clause(d) of sub-rule (2), he shall be required to execute a bond(Annexure-II) undertaking to refund to the railway during such leave plus that incurred by other agency with interest thereon in the event of his not returning to duty on the expiry of such leave or quitting the service before a period of 3 years after return to duty.
(b) The bond shall be supported by sureties from two permanent railway servants having a status comparable to or higher than that of the railway servant.
(4) Two spells of extraordinary leave, if intervened by any other kind of leave, shall be treated as one continuous spell of extraordinary leave for the purpose of sub-rule(2).
(5) The authority competent to grant leave may commute retrospectively periods of absence without leave into extraordinary leave.
Note-1: The concession of extraordinary leave up to 18 months will be admissible also to a railway servant suffering from pulmonary tuberculosis, who receives, treatment at his residence under a tuberculosis specialist recognised as such by the State Administrative Medical Officer concerned and produces a certificate signed by that specialist to the effect that he is under his treatment and that he has reasonable chances of recovery on the expiry of the leave recommended.
Note-2: Institutions recognised by the Government of India for the purpose of treatment of Central Government servants and their families will be deemed as recognised for the purpose of grant of extraordinary leave.
(Railway Board's letter No. F(E)52/LE-2/3 dt.15-6-1960).
Note-3: No limit in case of permanent Railway servants, but all kinds of leave together shall not exceed 5 years in one spell.
Note-4: Where a temporary railway servant fails to resume duty on expiry of the maximum period of extraordinary leave granted to him/her or where he/she is granted a lesser amount of extraordinary leave than the maximum amount admissible, and remains absent from duty for period which, together with the period of extraordinary leave granted, exceeds the limit up to which he/she could have been granted such leave under sub-rule(1) above, he/she shall unless the President in view of the exceptional circumstances of the case otherwise determines, be removed from service after following the procedure laid down in the Discipline and Appeal Rules for Railway servants.
(Authority: Railway Board’s letter Nos. E(P&A)I-84/CPC/LE-03 dt. 23-03-1985/CS-05)
531. Leave to probationers and a railway servant on probation:
(1) (a) A railway servant on probation including a probationer under training for a post in Railway service Group A shall be entitled to leave under these rules as if he had held his post Substantively otherwise than on probation.
(b) If, for any reason, it is proposed to terminate the services of a probationer, any leave which may be granted to him shall not extend-
(i) beyond the date on which the probationary period as already sanctioned or extended expires; or
(ii) beyond any earlier date on which his services are terminated by the orders of an authority competent to appoint him.
(2) A person appointed to a post on probation shall be entitled to leave under these rules as a temporary or permanent railway servant according as his appointment is against a temporary or a permanent post;
Provided that where such person already holds a lien on a permanent post before such appointment, he shall be entitled to leave under these rules as a permanent railway servant.
532. Leave to Special Class Railway Apprentices:
Special Class Railway Apprentices may be granted leave on full stipend for a period not exceeding one month in any year of apprenticeship provided that except on grounds of ill health, the leave shall not be granted to an apprentice if it would interfere with his training. Leave in excess of one month in any year may be granted on grounds of ill health and when the excess leave is so granted, the apprentice shall not be eligible for any stipend for the excess period.
533. Leave to Apprentice Mechanics:
Apprentice Mechanics in Railway Workshops may be granted leave on full stipend for a period not exceeding 16 days and on half stipend on medical certificate for a period no exceeding 20 days in any year of apprenticeship.
Note-1: Journeymen and similar other apprentices/trainees recruited for initial training on the Railways before they are appointed against the working posts in Group C service, during the period of their training may be granted leave under this rule.
Note-2: Leave to probationary Assistant Station Masters and Commercial Clerks and all others who are trained for employment and are not put on the time scale during the period of training shall be regulated under this rule.
534. Leave to Trade Apprentices:
Trade apprentices may be granted leave on full stipend for a period not exceeding 12 days and leave on half stipend on medical certificate for a period not exceeding 15 days in any year of apprenticeship.
535. Leave to other apprentices:
Apprentices under training for Group C posts in all other departments who are posted to supervisory posts after training such as Apprentice Train Examiners, Apprentice Permanent Way Inspectors, Stores Apprentices etc. may be granted leave like Apprentice Mechanics mentioned in rule 533. Apprentices who are appointed as Skilled workmen after training may be granted leave like trade mentioned in rule 534.
536. Extraordinary leave to apprentices:
Apprentices, other than special class apprentices, may be granted by the General Manager extraordinary leave (without stipend) under the rules applicable to temporary railway servants. The General Manager may re-delegate his powers under this rule to the Heads of Departments and officers in not below Junior Administrative grade.
537. General conditions for grant of leave to apprentices:
(1) In all cases mentioned in rules 531 to 536 leave will be non-accumulative and no leave shall be granted if it would interfere with the training.
(2) On subsequent absorption, without a break, if the period of apprenticeship or training as probationer, is treated as service, recalculation of leave may be allowed as is permissible under the normal operation of the rule.
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