Railway Services (Liberalised Leave) Rules, 1949 - Part 4D
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Railway Services (Liberalised Leave) Rules, 1949
Part – 4D
Kinds and Amount of Leave Due and Admissible
538. Leave to persons re-employed after retirement:
(1) In the case of persons re-employed after retirement the provisions of these rules shall apply as if he had entered railway service for the first time on the date of his re-employment.
(2) (a) If a railway servant, who quits the public service on compensation or invalid pension or gratuity, is re-employed and if his gratuity is thereupon refunded or his pension held wholly in abeyance his past service thereby becoming pensionable on ultimate retirement, he may at the discretion of the authority sanctioning the re-employment and to such extent as that authority may decide count his former service towards leave.
(b) A railway servant who is dismissed or removal from the public service but is reinstated on appeal or revision is entitled to count his former service for leave.
539. Leave to Workshop staff:
(1) Skilled artisans as also semi-skilled and un-skilled workman will earn leave on average pay, half average pay and commuted leave not leave not due in accordance with these rules.
(2) Workshop staff may be allowed to take leave with pay, if due, or without pay for periods not less than half a day. For this purpose leave for half a day means authorised absence from duty for over half an hour either during the first period before interval or the second period of any day on which the workshop remains open for both the periods. This concession, however, is restricted to six occasions in a year.
Railway Ministry's decision: The practice of granting half a day’s leave against leave account of staff other than those employed in workshops may be allowed to continue where it is covered by express orders on the subject. (Rly. Ministry’s letter no. F(E)49LE/25 dt.05-09-1949.)
540. Leave preparatory to retirement:
A railway servant not desirous of encashment of leave on average pay at his credit at the time of retirement on superannuation may be permitted by a competent authority to take leave preparatory to retirement to the extent to leave on average pay due not exceeding 240 days together with half pay leave due subject to the condition that such leave extends up to and includes the day preceding the date of retirement.
Note:The leave granted as preparatory to retirement shall not include extraordinary leave.
541. Leave beyond the date of retirement or quitting service:
(1) Except as otherwise provided under these rules, no leave shall be granted to a railway servant beyond-
(a) the date of his retirement, or
(b) the date of his final cessation of duties; or
(c) the date on which he retires by giving notice to the appointing authority or he is retired by the competent authority by giving him notice or pay and allowances in lieu of notice in accordance with the terms and conditions of his service or
(d) the date of his resignation from service.
(2) Where the service of a railway servant has been extended or continued in re-employment beyond the age of superannuation, he may be allowed the benefit of encashment of leave on the date of cessation of service on expiry of extension or re-employment in respect of leave on average pay at his credit on the date of superannuation plus leave on average pay earned during extension or re-employment reduced by leave on average pay availed of during such period, subject to a maximum of 240 days.
Refer: Sub- Rule 541(2) amended vide Railway Board's letter No. PC-IV/86/LE/1 dated 28-01-92 i.e. ACS-23/R-I
EXPLANATION:
The above amendment of Rule 541(2) of Indian Railway Establishment Code, Volume I(1985 Edition) has been incorporated with the President’s approval effective from 01-07-1986. Incorporation of this rule has been necessitated due to amendments made by the Department of Personnel & Training in the Central Civil Services(Leave) Rules,1972 vide their Office Memorandum No. 14028/19/86-Estt(L) dated 29thSeptember,1986 consequent upon the decision taken by the Government on the recommendations of the Fourth Pay Commission relating to leave vide the Ministry of Finance Department of Expenditure Resolution No. 14(1) /IC/86 published in the Gazette of India on 13-09-1986. It is clarified that retrospective effect given to these rules will not adversely affect any employee to whom this rule applies.
542. Leave on termination of employment:
I. (1) Leave shall not be granted on termination of employment to a railway servant who has been dismissed or removed from service or whose services has been terminated under the 'Railway Services (Safeguarding of National Security) Rules 1954’.
(2) Apprentices will continue to be governed by the rules applicable to them and leave on termination of will not be admissible to them. Likewise, persons whose service are lent by commercial concerns or semi-Government organisations on terms which include payment of leave salary contribution, cannot be granted such leave.
II. Leave (Terminal) to temporary railway servants: In the case of temporary railway servants, leave on average pay due and admissible at the time may be granted at the discretion of the sanctioning authority on the termination of service on account of retrenchment or on abolition of posts before attaining the age of superannuation. In cases where any notice of termination of services is required to be given under the terms of employment of the temporary railway servant and the railway servant is relieved before the expiry of the notice, such notice or the unexpired portion thereof should run concurrently with the leave granted.
Note: A question has been raised whether a temporary Railway servant granted terminal leave continues to be in Railway service during the period of such leave. It has been decided that a temporary Railway servant continues in service during that part of terminal leave only which runs concurrently with the notice period and ceases to be in railway service on the expiry of the notice period, the leave to the extent it goes beyond the notice period being treated as a terminal benefit only.
Railway Ministry's decision-It is not necessary to extend the temporary post to cover the period of the leave granted to a railway servant at the end of his temporary employment.
(2) Leave on termination of appointment may also be granted to the temporary railway servants in the following cases-
(i) Re-employed pensioners who are treated as new entrants in the matter of leave, subject to the condition that such pensioners will not be entitled to draw their pension during the terminal leave if the pension was held in abeyance during the period of re-employment; (Rly.Board’s letter No. F(E)59/LE-1 dt 13/06/1959)
(ii) Persons employed for a period exceeding one year on contract basis;
(iii) Unqualified persons who may have to vacate their temporary posts to make room for qualified candidates;
(iv) Persons whose services may have to be dispensed with as matter of administrative convenience as an alternative to the initiation of disciplinary proceedings against them; and
(v) Railway servants who resign their posts for reasons of ill-health or for other reasons beyond their control.
Note: In cases of resignation other than those mentioned in sub-rule (v) above, the sanctioning authority may, at his discretion, allow half the amount of leave on average pay at the credit of the railway servant on the date of termination of his service, subject to the condition that it does not exceed half of the maximum amount of leave on average pay which the railway servant can avail himself of at a time.
543. Drawal of leave salary:
The leave salary payable under these rules shall be drawn in rupees in India.
544. Leave Salary:
(1) Except as provided in sub-rules (5) and (6) a railway servant who proceeds on leave on average pay is entitled to leave salary equal to the pay drawn immediately before proceeding on leave on average pay.
Note: In respect of any period spent on foreign service out of India, the pay which the railway servant would have drawn if on duty in India but for foreign service out of India be substituted for the pay actually drawn in calculating average pay.
(2) A railway servant on half average pay leave or leave not due is entitled to leave salary equal to half the amount specified in the sub-rule(1).
(3) A railway servant on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule(1).
(4) A railway servant on extraordinary leave is not entitled to any leave salary.
(5) A railway servant who is permitted during leave preparatory to retirement, to take up any other service or employment under an employer other than the Central Government, his leave salary shall be restricted to the amount of leave salary admissible while on leave on half average pay.
(6) Where a railway servant is re-employed and if on such re-employment he is granted leave earned by him during the period of re-employment the leave salary is based on the pay drawn by him exclusive of the pension and pensionary equivalent of other retirement benefits.
(7) If, in the case of a railway servant who retires or resigns from service, the leave already availed of is more than the credit so due to him necessary adjustment shall be made in respect of leave salary, if any, over-drawn.
(8) Where the quantum of leave on average pay already availed of by a railway servant who is dismissed or removed from service or who dies while in service is in excess of leave credited in the half year, the overpayment of leave salary shall be recovered.
545. Leave Salary to Workshop Staff:
(1) Leave salary of workshop staff on leave on average pay shall be equal to the pay which the railway servant would have drawn had he remained on duty but does not include any increase which might have accrued to him during the currency of the leave.
(2) Leave salary during half average pay leave shall be equal to one half of the leave salary in sub-rule (1) above and on commuted leave, twice the leave salary as admissible of leave on half average pay.
546. Leave salary to Running staff:
(1) In the case of permanent running staff, the leave salary on leave on average pay for the first 60 days shall be at the substantive pay or on average pay, whichever is greater, and thereafter at substantive pay.
(2) In the case of temporary running staff the leave salary shall be on average pay up to 60 days and beyond 60 days at average pay or the pay the staff would have drawn had he remained on duty, whichever is less.
(3) Leave salary during leave on half average pay and commuted leave shall be calculated in sub-rule(2) of rule 545.
547. Reckoning of special pay for leave salary:
Special pay granted to different categories of staff shall be taken into account for the purpose of calculation of average pay.
Railway Board’s decision: It is clarified that the last pay drawn in such cases will be inclusive of Special pay. (Railway Board’s letter No. E(P&A)I-76/CPC/LE-01 dt. 19-01-1984/CS-06).
548. Advance of leave Salary:
A railway servant (both permanent and temporary) including a railway servant on foreign service proceeding on leave for a period not less than 30 days may be allowed an advance in lieu of leave salary up to a month's pay and allowance subject to the following condition:
(1) The advance of leave salary shall be sanctioned in whole rupees.
(2) No advance may be granted when the leave is taken for less than a month/30 days.
(3) The amount of advance should be restricted to the amount of leave salary for the first month of leave that is clearly admissible to the railway servant after deductions on account of Income Tax, Provident Fund, House Rent, repayments of advances, etc. so that there is no financial risk involved.
(4) The advance should be adjusted in full in the leave salary bill in respect of the leave availed of. In case where the advance cannot be so adjusted in full the balance will be recovered from the next payment of pay or leave salary.
(5) The advance may be sanctioned by the General Manager, or by any officer to whom the power may be specially delegated in the case of railway servants in Group A, B, C & D.
(6) The advance in respect of temporary railway servants will be sanctioned subject to the furnishing of surety of a permanent railway servant.
(7) The amount of advance will be debited to the Head of Account to which the pay etc. of the railway servant is debited and the adjustment of the advance shall be watched by the Accounts Officer concerned.
549. Cash equivalent of leave salary in case of death in service:
In case a railway servant dies while in service the cash equivalent of the leave salary that the deceased employee would have got had he gone on leave on average pay that would have been due and admissible to him but for the death on the date immediately following the date of death and in any case not exceeding leave salary for 300 days, shall be paid to his family in the manner specified in Rule 549-A without any reduction on account of pension equivalent of Death-cum-Retirement Gratuity.
Note: Dearness Allowance appropriate to leave salary is also admissible.
Refer: Rule 549 amended vide Railway Board's letter No. F(E)III/84/LE1/1 dated 31-10-95 i.e. ACS-36/R-I. Rule 549 further amended vide F(E)III/97/LE1/8 dt. 04-05-1998 /ACS-62/R-I. (Authority: Railway Board’s letter No. PC-IV/86/LE-1 dt. 24-10-1986/CS-07).
549-A. Payment of Cash equivalent of Leave salary in case of death etc. of railway Servant:
In the event of death of a Railway Servant while in service or after retirement or after final cessation of duties but before the actual receipt of cash equivalent of leave salary payable under Rules 549 and 550, such amount shall be payable-
(i) to the widow, and if there are more widows than one, to the eldest surviving widow if the deceased was a male railway employee or to the husband, if the deceased was a female railway employee;
Explanation: The expression “eldest surviving widow” shall be construed with reference to the seniority according to the date of the marriage of the surviving widows and not with reference to their ages;
(ii) failing a widow or husband, as the case may be, to the eldest surviving son; or an adopted son;
(iii) failing (i) and (ii) above, to the eldest surviving unmarried daughter;
(iv) failing (i) to (iii) above, to the eldest surviving widowed daughter;
(v) failing (i) to (iv) above, to the father;
(vi) failing (i) to (v) above, to the mother;
(vii) failing (i) to (vi) above, to the eldest surviving brother below the age of eighteen years;
(viii) failing (i) to (vii) above, to the eldest surviving unmarried sister;
(ix) failing (i) to (viii) above, to the eldest surviving widowed sister;
(x) failing (i) to (ix) above, to the eldest surviving married daughter; and
(xi) failing (i) to (x) above, to the eldest child of the eldest pre-deceased son.
Refer: Rule 549-A inserted vide Railway Board's letter No. F(E)III/84/LE1/1 dated 31-10-95 i.e. ACS-37/R-I
550. Cash payment in lieu of unutilised leave on average pay on the date of retirement:
(1) All railway servants retiring on superannuation on or after 30-9-1977 may be paid cash equivalent of leave salary in respect of period of leave on average pay at their credit at the time of retirement subject to the following condition:
A. In case of retirement on attaining the age of superannuation-
(a) The payment of cash equivalent of leave salary shall be limited to a maximum of 300 days of leave on average pay;
(b) The cash equivalent of leave salary thus admissible will become payable on retirement and will be paid in one time settlement;
(c) Cash payment under this rule will be equal to leave salary as admissible for leave on average pay and dearness allowance admissible on that leave salary at the rates in force on the date of retirement. No compensatory (City) allowance and/or house rent allowance shall be payable
(d) The authority competent to grant leave shall suo-moto issue order granting cash equivalent of leave on average pay at credit on the date of retirement.
(2) A Railway servant availing a part of leave on average pay as leave preparatory retirement also be eligible for the benefits of this rule for the leave on average pay that remains at credit on the date of retirement.
(3) The rule (A) shall not apply to-
(a) cases of premature or voluntary retirement; and
(b) persons who are compulsorily retired as a measure of punishment under the Railway Servants(Discipline & Appeal) Rules, 1968.
Railway Ministry's decision-1: In the interest of simplification, the cash payment for unutilised leave on average pay shall be made in the manner indicated below:
Cash Payment = (Pay admissible on the date of retirement plus D.A. admissible on that date / 30) X Number of unutilised leave on average pay at credit on the date of retirement subject to a maximum of 300 days.
(Railway Board’s letters No. F(E)III/79/LE1/12 dated 17-09-79 and PC-IV/86/LE/1 dated 24-10-86).
Railway Ministry’s decision-2: Railway servants who after putting in 30 years of qualifying service but before attaining the age of 58 years, want to retire from service by giving prescribed notice of 3 months in writing, are also entitled to leave salary and allowances, i.e. terminated leave benefits, if any, admissible during such leave/leave in lump sum as a one time settlement. (E(P & A) I-79/JCM(DC)/3 dt 5-9-1979)
Railway Ministry's decision-3: A Railway servant giving notice of voluntary retirement after completion of 20 years of service/qualifying service, may also apply before expiry of notice, for the leave standing at his credit which may be granted to him to run concurrently with the period of notice. The period of leave, if any, extending beyond the date on which the railway servant should have been retired on attaining the age of superannuation, may be allowed as terminal leave as stated in para 1 above. Leave salary for the Leave on Half Pay portion of the above terminal leave is subject to deduction of Pension/ pensionary equivalent of other retirement benefits.
B. In case of premature/voluntary retirements:
(i) (a) The Railway Servant who retires by giving notice to the Government or is retired by giving him notice or pay and allowances in lieu of such notice in accordance with the terms and conditions of his service may be granted suo-moto by the authority competent to grant leave, cash equivalent of the leave salary in respect of Leave on Average Pay at his credit, subject to a maximum of 300 days and also in respect of all the half pay leave at his credit provided this period does not exceed the period between the date on which he so retires or is retired from service and the date on which he would have retired in the normal course after attaining the age prescribed for retirement under the terms and conditions governing his service.
(b) The cash equivalent shall be equal to the leave salary as admissible for leave on average pay and /or equal to the leave salary as admissible on half pay leave plus Dearness allowance admissible on that leave salary for the first 300 days, at the rates in force on the date the railway servant so retires or is retire from service.
(c) The pension and pension equivalent or other retirement benefits and ad hoc relief/graded relief on pension shall be deducted from the leave salary paid for the period of half pay leave, if any, for which the cash equivalent is payable.
(d) The amount so calculated shall be paid in one lump sum as one time settlement. No House Rent Allowance, or City Compensatory Allowance shall be payable;
Provided that if leave salary for the half pay leave component falls short of pension and other pensionary benefits cash equivalent of half pay leave shall not be granted.
Refer: The second proviso to Rule 550-B(i) deleted vide Railway Board's letter No. F(E)III/82/LE1/2 dated 21-07-98 i.e. ACS-68/R-I
(ii) Where the services of railway servant are terminated by giving notice or by payment of pay and allowances in lieu of notice or otherwise in accordance with the terms and conditions of his appointment, he may be granted suo-moto by the authority to grant leave such equivalent in respect of leave on average pay at his credit on the date on which he ceased to be in service, subject to a maximum of 300 days.
(iii) A Railway servant who is re-employed after retirement may, on termination of his re-employment, be granted suo-moto, by the authority competent to grant leave cash equivalent in respect of Leave on Average Pay at his credit on the date of termination of his re-employment subject to a maximum of 300 days including the period from which encashment was allowed at the time of retirement.
The cash equivalent under sub-para (ii) and (iii) above shall be equal to leave salary admissible for leave on average pay plus D.A. admissible on that leave salary at the rates in force on the date the Railway servant ceases to be in service. The amount so calculated would be paid in one lumpsum as one time settlement and no City Compensatory Allowance and House Rent Allowance shall be payable. In case of the re-employed railway servants, the cash equivalent shall be based on the pay drawn, exclusive of the pension and pension equivalent of other retirement benefits.
(iv) A railway servant who is declared by a Medical Authority to be completely and permanently incapacitated for further service may be granted, suo-moto by the authority competent to grant leave, cash equivalent of leave salary in respect of leave due and admissible on the date of his invalidation from service, provided that the period of leave for which he is granted cash equivalent does not extend beyond the date on which he would have retired in the normal course after attaining the age prescribed for retirement under the terms and conditions governing his service. The cash equivalent then payable shall be equal to the leave salary so calculated under (i) above.
A Railway servant not in permanent employ or temporary employ or more than 3 years shall not, however, be granted cash equivalent of leave salary in respect of half pay leave standing at his credit on the date of his invalidation from service.
C. In case of Railway servant retiring from service on attaining the age of retirement while under Suspension or while disciplinary proceedings are pending against him at the time of retirement:-
The authority competent to grant leave may withhold whole or part of cash equivalent of LAP, in the case of a Railway servant who retires from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him , if in the view of such an authority there is possibility of some money recoverable from him on conclusion of proceedings against him. On conclusion of the proceedings he will become eligible to the amount withheld after adjustment of Railways dues, if any.
D. In the cases of resignation or quitting of service:
The railway servant may be granted suo-moto cash equivalent in respect of leave on average pay at his credit on the date of cessation of service to the extent of half of such leave at his credit subject to a maximum of 150 days by the authority competent to sanction leave. (Authority: Railway Board’s letter Nos. PC-IV/86/LE-01 dt. 24-10-1986/CS-08,F(E) III/82/LE1/2 dt. 24-10-1986/CS-09, No. PC-IV/86/LE/1 dt. 24-10-1986/CS-10)
Railway Ministry's decision-1: Encashment of Leave on Half Average Pay (LHAP) on superannuation.
In pursuance of the Award given by the Board of Arbitration (JCM) in C.A. Reference No. 1 of 1986, the President is pleased to decide that w.e.f. 14th July, 1982, the entire LHAP at the credit of Railway servants who retire on superannuation shall be allowed to be encashed subject to the condition that pension and pension equivalent of other retirement benefits shall be deducted from the amount payable as cash equivalent, as provided in Rule 550-B(1) of Indian Railway Establishment Code, Vol. I, 1985 edition.
The encashment will be subject to the following conditions:
(i) The benefit will be admissible in respect of past cases on receipt of applications to that effect from the pensioners concerned by the officers concerned.
(ii) In respect of future retirees, the amount of encashment of LHAP will be calculated and paid together with encashment of LAP.
(iii) Calculation of cash equivalent in respect of LHAP at the credit shall be made mutatis mutandis in the manner given in Board’s letter No. F(E)III/82/LE1/2 dt. 11-02-1983 which is as under:-
Cash payment in lieu of half-pay component = [Half pay leave salary plus Dearness Allowance if admissible minus pension, pension equivalent of gratuity and relief on pension if Dearness Allowance is admissible on Half pay leave] / 30 X Number of days of half pay Leave due on the date of retirement on superannuation.
(iv) the amount so calculated shall be paid in one lump sum as one time settlement. (Authority: Railway board’s letters No. F(E) III/90/LE1/1 dated 20.05.93,12.10.93 & 14.7.98)
Railway Ministry's decision-2: Encashment of LHAP to Railway servants retiring with SRPF(C) benefits.
The issue of prescribing the formula for calculating the equivalent pension/PEG of SRPF retirees for the purpose of deduction from LHAP encashment of retirement etc. has been examined in consultation with DOP&T.
In cases of persons retiring with SRPF benefits, the amount of employer’s contribution plus the interest thereon will be treated as pensionary benefits. For the purpose of calculating the pension the following formula may be adopted:-
Pension = [Total amount of employer’s contribution to SRPF plus interest till the date of retirement] / [commutation factor as per age on next birthday X 12]
PEG=[ Gratuity] / [Commutation factor X 12]
(Authority: Railway Board’s letters No. F(E)III/90/LE1/1 dated 27.05.94, 18.12.95 and 14.07.98)
Railway Ministry's decision-3: Extension of the benefit of encashment of LHAP to cases of death while in service or after superannuation.
The question of extending the benefit of encashment of LHAP as per Board’s letter of even number dated 20-05-1993 in cases of death , on or after 14-07-1982, while in service or after superannuation but before actual receipt of cash equivalent of Half Pay Leave Salary , has been under consideration in consultation of Department of personnel & Training. It has now been decided that the provisions of Board’s letter dated 20-05-1993 may be made applicable to such cases of death of railway employees. However, for the purpose of calculating the deductions as per formula prescribed in Para 2(iii) of the said letter in respect of those died/ die while in service, the family pension and the pension equivalent of death gratuity may be taken into account in place of pension and pension equivalent of gratuity, respectively. In case of death after superannuation, the formula for calculating the deductions will be the same as prescribed in the letter dt. 20-05-1993. The amount of Half Pay Leave encashment will be payable to the family of the deceased Railway employee in the manner specified in Rule 549-A of Indian Railway Establishment Code, Vol.1 1985 Edition(Re-print Edition 1995). The other conditions will remain the same as in the letter dated 20-05-1993. (Authority: Railway Board’s letters No. F(E)III/90/LE1/1 dated 08.05.95 and 14.07.98)
Refer: Sub- Rule 550 amended vide Railway Board's letter No. F(E)III/97/LE1/8 dated 04-05-98 i.e. ACS-63/R-I(240 days to 300 days). President's Decisions under Rule 550 inserted vide Railway Board's letter No. F(E)III/90/LE1/1 dated 14-07-98 i.e. ACS-67/R-I
Railway Board’s important letters on the subject of Leave Encashment
No. E(G)95LL3-11 dated 03/08/95 - This letter Clarifies that if due to recasting of leave account in course of rectification of errors, recovery can be done if overpayment has been made to a retired employee.
No. E(G) 91 LE1-3 dated 13/01/93 - It is an important letter on the subject of recasting of leave account.
No. F(E) III/98/LE1/6 dated 25/09/98 - This letter clarifies regarding admissibility of D.A. for the purposes of LHAP encashment. Relevant extracts quoted as under:
"It is advised that in terms of extant instructions for working out of LHAP encashment where encashment of LAP has been availed of to the full extent, DA will not be included along with half average pay for working out the amount of LHAP encashment…..On the other hand where the number of days of LAP encashment falls short of the prescribed maximum limit, for calculating LHAP encashment, DA will be added with the half average pay for that period by which LAP encashment falls short of the prescribed maximum limit.
To illustrate:- a railway servant who had an LAP credit of 200 days and an LHAP credit of 400 days at the time of retirement on 30/06/97, the leave encashment will be worked out as under:-
(i)LAP encashment for 200 days = (Last Pay Drawn +DA) / 30 X 200
(ii) LHAP encashment for 40 days = (Half pay leave salary + DA) - (Pension + DR on Pension + PEG)
----------------------------------------------------------------------------- X 40
30
(iii) LHAP encashment for 30 days= (Half pay leave salary) - (Pension + PEG)
----------------------------------------------------------------------------- X 360
30
PEG = Pensionary Equivalent Of Gratuity = Gratuity / Commutation Factor X 12
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