Indian Railway Codes and Manuals-Establishment code- Vol-I-Chapter-5 (V)
Chapter 5
Leave Rules
501. Short title. – These rules may be called the Railway Services
(Liberalised Leave) Rules, 1949.
502. Extent of application. – These rules shall apply to (i) Railway
servants appointed on or after 1st February 1949; (ii) Railway servants
appointed prior to 1st February 1949 who have elected to be governed by these
rules; and (iii) others who are brought under these rules by special orders;
(iv) a temporary Railway servant who has completed 3 years continuous service
shall be entitled, from the date of completion of 3 years continuous service,
to the same conditions of service in respect of question of leave (including
leave salary) as he would have been entitled to if he held a lien on the post
in which he was initially appointed.
502-A. Definitions
(1) In
these rules, unless the context otherwise requires-
(a) “Audit Officer” means the
Accounts and Audit Officer, whatever his official designation, in whose circle
the office of the Railway servant is situated;
(b) “Authority competent to grant
leave” means the authority specified in Column (3) of the First Schedule to
these rules, competent to grant the kind of leave specified in the
corresponding entries in Column (2) of the said Schedule;
(c) “Completed years of
service” or “one year’s continuous service” means continuous service of
specified duration under the Railways and includes the period spent on duty as
well as on leave including extraordinary leave;
(d) “Date of retirement” or “date
of his retirement” in relation to a Railway servant, means the afternoon of the
last day of the month in which the Railway servant attains the age prescribed
for retirement under the terms and conditions governing his services;
(e) “Disability” means
“specified disability”, benchmark disability” and “disability having high
support needs” as referred to in the Rights of Persons with Disabilities Act,
2016 (49 of 2016).
(f) “Foreign service” means
service in which a Railway servant receives his pay with the sanction of
Government from any source other than the Consolidated Fund of India or the
Consolidated Fund of any State [or the Consolidated Fund of a Union Territory];
(g) “Form” means a Form mentioned
at the end of Chapter-5 as Annexures;
(h) Railway servant in
quasi-permanent employ” means an officer who, having been declared by the Union
Public Service Commission to be eligible for appointment to the Ministerial
Services under Ministry of Railways, has been appointed to a temporary or
officiating vacancy on the understanding given to him in writing before he took
up the appointment, that that vacancy is expected to become permanent but is
not confirmed after completion of three years’ continuous service;
(i) “Railway servant in
permanent employ” means an officer who holds substantively or provisionally
substantively a permanent post or who holds a lien on a permanent post or who
would have held a lien on permanent post had the lien not been suspended;
(j) “Vacation Department”
means a department or part of a department, to which regular vacations are
allowed, during which Railway servants serving in the department are permitted
to be absent from duty.
(2) Words
and expressions used herein and not defined but defined in the Indian Railway
Establishment Codes and Indian Railway Establishment Manuals shall have the
meanings respectively assigned to them in the Indian Railway Establishment
Codes and Indian Railway Establishment Manuals.
General Conditions
503. Right to leave.—Leave cannot be claimed as
of right and leave of any kind may be refused or revoked by the authority*
competent to grant it, but it shall not be open to that authority to alter the
kind of leave due and applied for except at the written request of the Railway
servant. *See schedule.
Railway Ministry’s
decision.—The above provisions are not, however, intended to be so used as in
effect to abridge to the employees’ leave entitlements. It is desirable in the
interests of efficiency that employees take leave at suitable intervals and
return to work keen and refreshed. The leave sanctioning authority should draw
a phased programme for the grant of leave to the applicants by turns with due
regard to the priority of claims to leave at the same time ensuring for
adequate presence of staff so that no dislocation in the normal working of
establishment is caused.
“Provided that leave
applied under rule 522, shall not be refused or revoked without reference to
the Medical Authority, whose advice shall be binding.”
504. Effect of dismissal, removal or
resignation on leave at credit.—(1) Except as provided in rule 541 and this
rule, any claim to leave to the credit of a railway servant, who is dismissed
or removed or who resigns from railway service ceases from the date of such
dismissal or removal or resignation.
(2) Where a railway
servant applies for another post under the Government of India but outside the
Railways, if such application is forwarded through proper channel and the
applicant is required to resign his post before taking up the new one, such
resignation shall not result in the lapse of the leave to his credit.
(3) A railway servant
who is dismissed or removed from service and is reinstated on appeal or
revision, shall be entitled to count for leave his service prior to dismissal,
or removal, as the case may be.
(4) A railway servant,
who having retired on compensation or invalid pension or gratuity is
re-employed and allowed to count his past service for pension or State Railway
Provident Fund benefits, as the case may b3e, shall be entitled to count his
former service towards leave.
Railway Ministry’s
decision
Break in Service due to
strike.—Strikes may be divided into two categories—
(a) Legal strikes, i.e.
those which have been called after complying with the provisions of the
Industrial Disputes Act, 1947 and
(b) Illegal strikes,
i.e. those in which the preliminaries to the calling of a legal strike have not
been observed
Strikes falling under (a)
above do not constitute a break in service and it would be appropriate for the
Railway administrations to treat the period of absence as leave with or without
allowances as the case may be without reference to the Railway Board.
In case of illegal
strikes, however, the absence of the employees concerned is tantamount to a
break in service and cannot be condoned without the sanction of the President.
When a break in service
due to participation in an illegal strike is condoned by the President as dies
non i.e. neither constituting a break in service nor counting as service such a
period is deleted as being non-existing in so far as the particular employee or
employees are concerned and therefore the status quo ante the interregnum is
restored in all respects from the date following the last day of the period
treated as dies non. In other words service prior to the break so condoned will
be treated as continuous with the services after the break itself for all
purposes but the period of break itself will not be taken into account for any
purpose.
(Case No. E48 ST/191(L)
& E 51.ST/1-44).
505. Conversion of one kind of leave into
another .—(1) At the request of a railway servant made before he ceases to be
in service, the authority which granted him leave may convert it
retrospectively into leave of a different kind which was due and admissible to
him at the time the leave was granted, but the railway servant cannot claim
such conversion as a matter of right.
Provided that no such
request shall be considered unless received by such authority, or any other
authority designated in this behalf, within a period of 30 days of the
concerned Railway servant joining his duty on the expiry of the relevant spell
of leave availed of by him.
(Authority:- Railway
Board’s letter No.F(III)/98/LE1/1 dt. 5-2-98)
(2) The conversion of
one kind of leave into another shall be subject to adjustment of leave salary on
the basis of leave finally granted to the railway servant, that is to say, any
amount paid to him in excess shall be recovered or any arrears due to him shall
be paid.
Note.—Extraordinarily
leave granted on medical certificate or otherwise may be converted
retrospectively into ‘leave not due’ subject to the provisions of rule 528.
506. Commencement and end of leave.—Leave
ordinarily begins on the day on which transfer of charge is effected and ends
on the day preceding that in which charge is resumed.
507. Combination of different kinds of
leave.—Except as provided otherwise under these rules, any kind of leave under
these rules may be granted in combination with or in continuation of any other
kind of leave.
Explanation.—Casual
leave which is not recognised as leave under these rules shall not be combined
with any other kind of leave admissible under these rules. There is, however,
no objection to Casual leave being followed by quarantine leave.
508. Combination of holidays with leave.—(1)
When the date immediately preceding the day on which a railway servant’s leave
begins or immediately following the day on which his leave expires is a holiday
or one of a series of holidays, the railway servant may leave his station at
the close of the day before, or return to it on the day following such
holidays, provided that—
(a) his transfer or
assumption of charge does not involve the handing or taking over of securities
or moneys other than a permanent advance;
(b) his early departure
does not entail a correspondingly early transfer from another station of a
railway servant to perform his duties; and
(c ) the delay in his
return does not involve a corresponding delay in the transfer to another
station of the railway servant who was performing his duties during his absence
or in the discharge from railway service of a person temporarily appointed to
it.
(2) in the case of leave
on medical certificate:--
(a) When a Railway
servant is certified medically unwell to attend office, holidays if any
immediately preceding the day he is so certified shall be allowed automatically
to be prefixed to leave and the holidays if any immediately succeeding the day
he is so certified (including that day ) shall be treated as part of the leave;
and
(b) When a Railway
servant is certified medically fit for joining duty, holidays if any,
succeeding the day he is so certified shall be allowed automatically be allowed
to be suffixed to the leave and holidays, if any, preceding the day he is so
certified (including that day) shall be treated as part of the leave.
(3) On condition that
the departing railway servant remains responsible for the moneys in charge, the
competent authority may in any particular case waive the application of clause
(a) of proviso to the sub-rule (1).
(4) Unless the authority
competent to grant leave in any case otherwise directs—
(a) If holidays are
prefixed to leave, the leave and any consequent rearrangement of pay and
allowances take effect from the day after the hilidays; and
(b) If holidays are
suffixed to leave, the leave is treated as having terminated and any consequent
rearrangement of pay and allowances takes effect from the day on which the
leave would have ended if holidays had not been suffixed.
Railway Ministry’s
decision—All holidays notified locally by Railway Administrations may be
treated as holidays for the purpose of rules 506 and 508. Since the declaration
of holidays as recognized holidays rests with the President the lists of
holidays should be approved by that authority.
The above decision does
not apply to offices which follow holidays declared by Central and State
Government or Union Territories
(Railway Ministry’s case
No. F43/HL(1) )
509. Employment during leave.—A Railway servant
on leave may not take any service or accept any employment without obtaining
the previous sanction of—
(a) the President if the
proposed service or employment is outside India; and
(b) the authority
empowered to appoint him, if in India.
Note—This does not apply
to casual literacy work, or to service as an examiner or similar employment nor
does it apply to acceptance of foreign service with the sanction of the
competent authority.
510. Maximum amount of continuous leave.
(1) No Railway servant shall be granted leave of
any kind for a continuous period exceeding five years.
(2) Unless the President, in View of the
exceptional circumstances of the case otherwise determines, a Railway servant
who remains absent from duty for a continuous period exceeding five years other
than on foreign service, with or without leave, shall be deemed to have
resigned from the Railway service:
Provided that a reasonable opportunity to explain the reasons for such absence
shall be given to that Railway servant before provisions of sub-rule (2) are
invoked.
“Provided further that this rule shall not apply
to a case where leave is applied on medical certificate, in connection with a
disability.”
Note:- Here and hereafter “disability” means “specified
disability”, “benchmark disability” and “disability having high support needs”
as referred to in the Rights of Persons with Disabilities Act, 2016 (49 of
2016).
Railway Ministry's Decisions
1. In the case of all Group 'C' including
erstwhile Group 'D' railway employees, the power to grant the leave beyond
maximum period of 5 years is delegated to concerned GMs. However, the leave
should sanctioned only with financial concurrence of FA&CAO and personal
recommendation of CPO with the rider this power shall not delegated further
down below.
2. The power be exercised in rare and
exceptional cases only, for which a speaking order clearly bringing alit the
circumstances as to why it is being proposed are brought out.
3. In case of other Groups, the existing
provisions will continue'.
(Authority Board's letter No.
E(P&A)I-2013/CPC/LE-2 dated 05.09.2016 based on corresponding instructions
of DOP&T contained in OM No. 13026/3/2012-Estt.(Leave) dated 28.03.2013 and
their ID No. 13026/1/2013-Estt.(Leave) dated 21.04.2015)
511. Application for leave.- An application for
leave or for extension of leave shall be made to the authority competent to
grant such leave or extension in the form at Annexure I.
“Provided that where a Railway servant is unable
to submit an application or medical certificate on account of a disability,
such application or medical certificate may be signed and submitted by-
(a) the spouse of the Railway servant; or
(b) the parents in case of an unmarried Railway
servant; or
(c) the child including adopted child or brother
or sister of the Railway servant, who has attained the age of majority;
or
(d) any person who has been assigned limited
guardianship of the Railway servant in terms of section 14 of the Rights of
Persons with Disabilities Act, 2016 (46 of 2016)
And the same shall be deemed to have been made
and submitted by the Railway servant himself.”
512. Grant of leave.—Priority of claims to
leave.—In case where all applications for leave cannot, in the interest of the
public service, be granted, an authority competent to grant should, in deciding
which applications should be granted, take into account the following
considerations—
(a) The railway servants
who can, for the time being best be spared.
(b) The amount of leave due
to the various applicants.
(c) The amount and
character of the service rendered by each applicant since he last
Returned from leave.
(d) The fact that any
such applicant was compulsorily recalled from his last leave.
(e) The fact that any
such applicant has been refused leave in the public interest.
Railway Ministry’s
decision 1.—The order sanctioning leave on average pay/half average pay to
Railway servant shall indicate the balances of such leave at his credit.
(E(P&A)176 LE 3/1
dot. 11-3-1977)
Railway Ministry’s
decision 2.—In order to save time, effort and expense, it has been decided that
instead of issuing individual leave orders, these orders should, as far as
possible, be issued in a consolidated form for each category of staff
separately , if not already being done. The consolidated leave orders may be
issued once in a fortnight, say, on 20th of the month in respect of persons who
proceeded on leave between 1st and 15th, and on 5th of the next month in
respect of those who proceeded on leave between 16th and the last working day
of the previous month. These dates may, if necessary, be varied to suit local
convenience. Exception may be made, if necessary, in the types of cases
mentioned below:
(i) Where the Railway
servant and his leave sanctioning authority are located at different stations,
and
(ii) Where officiating
arrangement is to be made in the leave vacancy.
Where a Railway servant
is proceeding on leave before the date of issue of the consolidate leave order,
the fact whether the leave applied for by him has been sanctioned or not may
informally be ascertained from administration section by the individual
concerned. The general principle should, however, be that after the leave has
been recommended by the Railway servant’s immediate controlling authority, the
leave may be deemed to have been sanctioned unless he is given an intimation to
the contrary.
513. Leave Account.—A leave account shall be
maintained in the prescribed from for each railway servant by the Accounts
Officer in the case of Group A and Group B railway servants and by the head of
the office or an officer authorised by him in the case of Group C and Group D
Railway Servants.
514. Verification of title to leave.—The amount
of leave due to a railway servant is the balance leave at his credit in the
leave account. No leave shall be granted to a railway servant until a report
regarding its admissibility has been obtained from the authority maintaining
the leave account.
515. Leave when not to be granted.—Leave shall
not be granted to a railway servant whom a competent punishing authority has
decided to dismiss, remove or compulsorily retire from railway service.
516. Recall to duty before expiry of leave.—In
case a Railway servant is recalled to duty before the expiry of his leave, such
recall to duty shall be treated as compulsory in all cases and the railway
servant shall be entitled:--
(a) If the leave from
which he is recalled is in India, to be treated as on duty from the date on
which he starts from the station to which he is ordered, and to draw—
(i) traveling allowance
under rules made in this behalf for the journey; and
(ii) leave salary until
he joins his post, at the same rate at which he would have drawn it but for
recall to duty.
(b) If the leave from
which he is recalled is out of India, to count the time spent on the voyage to
India as duty for purposes of calculating leave, and to receive—
(i) leave salary, during
the voyage to India and for the period from the date of landing in India to the
date of joining the post at the same rate at which he would have drawn it but
for recall to duty;
(ii) a free passage to
India;
(iii) refund of his
passage from India if he has not completed half the period of his leave by the
date of leaving for India on recall, or three months, whichever is shorter;
(iv) duty pass and
traveling allowance, under the rules for the time being in force for travel
from the place of duty.
517. Return to duty from leave.—(1) A railway
servant on leave shall not return to duty before the expiry of the period of
leave granted to him, unless he is permitted to do so by the authority which
granted him leave.
(2) Notwithstanding
anything contained in sub-rule (1), railway servant on leave preparatory to
retirement shall be precluded from returning to duty save with the consent of
the authority competent to appoint him to the post from which he proceeded on
leave preparatory to retirement.
(3) A railway servant who
has taken leave on medical certificate may not return to duty until he has
produced a medical certificate of fitness from the appropriate Medical
authority.
(4) A railway servant
returning from leave is not entitled, in the absence of specific orders to that
effect, to resume as a matter of course, the post which he held before going on
leave.
(5) Such railway servant
shall report his return to duty to the authority which granted him leave or to
the authority, if any specified in the order granting him the leave and await
orders.
518. Absence after the expiry of leave.—(1)
Unless the authority competent to grant leave extends the leave, a railway
servant who remains absent after the end of leave is entitled to no leave
salary for the period of such absence and the period shall be debited against
his leave account as though it were leave on half average pay, to the extent
such leave is due, the period in excess of such leave due being treated as
extraordinary leave.
(2) Wilful absence from
duty after the expiry of leave renders a railway servant liable to disciplinary
action.
519. 519 – Grant of leave on Medical
Certificate to Gazetted and non-Gazetted Railway servants –
1. Commuted
Leave/Leave on production of Medical Certificate by the Railway Servants shall
be regulated as follows:-
(i)
A Railway servant (Gazetted or Non-gazetted), on being a Central Government
Health Scheme (CGHS/Railway Health Services (RHS) beneficiary and living in an
area covered by the CGHS/RHS at the time of illness, shall be required to
produce a Medical and Fitness Certificate in the Form prescribed in Annexure XI
to Rule 538 and 541 of Indian Railway Medical Manual, Volume 1, Third Edition
2000 either from an authorized CGHS Medical Officer or a Railway/Government
Authorized Medical Officer.
In circumstances where
the Railway Doctor's line visits do not materialize, the Railway employees, who
are covered by the line jurisdiction of the Railway doctor and who have fallen
ill, may obtain a Medical Certificate from a Registered Medical Practitioner
(RMP) subject to the condition that if the leave applied for on medical grounds
is for more than 3 days, the employee should report to the Railway doctor if he
is fit to travel or send intimation about his condition, if he is bed-ridden,
at such intervals as directed by the Railway doctor.
(ii)
Railway servants (Gazetted or Non-gazetted), who are not CGHS
beneficiaries, (including those who have opted out of the CGHS / RHS or are
CGHS or RHS Card Holders, but at the time of illness are residing outside
the jurisdiction of the CGHS / RHS facilities or take ill while being
outside the Headquarters) are required to produce a Medical and Fitness
Certificate from his Authorized Medical Attendant (AMA) provided that in
the case of a Non-gazetted Railway employee, if no AMA is available within a
radius of 8 kilometers of his residence or place of temporary stay outside the
Headquarters, the leave sanctioning authority may at his discretion, sanction
Leave / Commuted Leave on production of a Medical Certificate from the
Registered Medical Practitioner, after satisfying itself of the facts / merits
of the case .
(iii)
In case of hospitalization/indoor treatment permitted in a private hospital
recognized under the CGHS/Central Services (Medical Attendance) Rules, 1944 and
Railway Medical Attendance Rules as contained in Indian Railway Medical Manual,
Third Edition, 2000(Corrected upto 30.9.99), a Railway servant (Gazetted or
Non-gazetted), whether a CGHS/RHS beneficiary or not, may produce the requisite
Medical/Fitness Certificate from the Authorized Medical Officer of such a
hospital in case his hospitalization/ indoor treatment, is on account of the
particular kind of disease (e.g. heart, cancer etc.) for the treatment of which
the concerned Hospital has been recognized by the Ministry of Health and Family
Welfare. There may be instances where an employee may be initially admitted to
such a hospital at a stage when the disease has yet not been fully diagnosed
and it may subsequently be established that the disease was not that, the
suspicion of which prompted his / her admission to the hospital. In such cases,
the leave sanctioning authority, with the approval of the General Manager, may
grant Leave / Commuted Leave on the basis of the Medical Certificate from the
Authorized Medical Officer of such a hospital, if he is satisfied about the
genuineness of the case.
(iv)
In cases where a Non-gazetted Railway servant finds it difficult to obtain the
Medical/Fitness Certificate from a CGHS/RHS doctor or AMA in exceptional cases,
the leave sanctioning authority, may consider grant of leave on the basis of
the Medical/Fitness Certificate from an RMP after taking into account the
circumstances of the specific case. Such a certificate should be, as nearly as
possible, in the prescribed form as given in Annexure XI of Rule 538 and 541 of
Indian Railway Medical Manual, Volume 1, Third Edition'2000, and should state
the nature of illness and the period for which the Railway servant is likely to
be unable to perform his duties. The competent authority may, at its discretion
accept the certificate, or in cases where it has reasons to suspect the
bonafides, refer the case to the Divisional Medical Officer for advice or
investigation. The Medical Certificate from registered private practitioners
produced by the Railway servant in support of their application for leave may
be rejected by the competent authority only after a Railway Medical Officer has
conducted the necessary verifications and on the basis of the advice tendered
by him after such verifications.
(v)
Certificate of Fitness in the case of employees working in the Zonal Railways
and Field Units will continue to be governed by the provisions contained in
Rule 538 and 541 of Indian Railway Medical Manual, Volume 1, Third Edition
2000.
Note: Ordinarily, the jurisdiction of a Railway Medical Officer
will be taken to cover Railway servant residing within a radius of 2.5
kilometers of the Railway Hospital or health unit to which the Doctor is
attached, and within a radius of one kilometer of a Railway station of the
Doctor's beat.
(Authority Board's letter No.
E(P&A)l-97/CPC/LE-7 dated 29.08.2002.)
Railway Ministry’s decision-1.—Where a Railway employee remained on medical
leave upto and including 3 days duration and reported back for duty with a
fitness from the medical practitioner, he may be allowed to join duty without
obtaining fitness certificate from the Railway Medical Officer subject to the
conditions that the employee furnished a declaration that he had not suffered
during this period from any eye disease. In the other cases where the duration
of the sickness is more than 3 days, the railway employee should be put back to
duty within 24 hours on his producing fitness certificate from a private
medical practitioner, provided he is found fit by the competent railway medical
officer. In case there is any delay beyond 124 hours in obtaining the fitness
certificate from the competent Railway Medical Officer, the employee concerned will
be deemed to have been put back to duty within 24 hours of his producing the
medical certificate of the private medical officer.
(Rly. Ministry’s letter No. E(G)78LE 1-17 dated
18-1-1979)
Railway Ministry’s decision 2.—With a view to preventing misuse, the Railway
administration may with draw for specified periods(From 1st April to 30th June
in Summer, from 1st Oct. to 15th November during Diwali and when mass sick
reporting is contemplated by staff of any department) the privilege of
acceptance of medical certificate from Registered Medical Practitioners for
grant of Medical Certificates to Group C and Group D Railway servants.
( No. E(G) 72LE-1-11 dated 28-9-72.)
2. In
case of a Railway servant who has acquired a disability, the Medical Authority
shall certify, in the form at Annexure III A -
(a) the nature and extent of the disability;
(b) the date from which such disability has
occurred or manifested, to the extent it may be medically possible to indicate
the same;
(c) whether there are reasonable prospects for
the Railway servant to be fit to resume duties, and if not, categorically state
that such Railway servant is completely and permanently incapacitated for
further service.
(2A) For the purpose of these rules, a doctor in
Central Government Health Scheme or a Government Hospital, or a specialist in
Government Hospital in cases requiring specialized treatment, or a Medical
Board in a Government Hospital in the case of multiple disabilities shall, in
addition to the authority certifying specified disability under the provisions
contained in Chapter X of the Rights of Persons with Disabilities Act, 2016 (49
of 2016), be the Medical Authorities competent to issue certificate of
disability in the form at Annexure-III A.
(2B) Notwithstanding anything in these rules, no
references from the Head of Office or any other authority may be required for
issue of medical certificate of disability.
3.
Where, however, the authority competent to grant leave is not satisfied about
the genuineness of a particular case, it will be open to such authority to
secure a second medical opinion by requesting a Government Medical
Officer/Railway Medical Officer not below the rank of Civil Surgeon/Medical
Superintendent or Staff Surgeon/Divisional Medical Officer to have the
applicant medically examined on the earliest possible date.
4. It shall be the
duty of the Divisional Medical Officer to express an opinion both as regards
the facts of the illness and regards the necessity for the amount of leave
recommended and for that purpose he may either require the applicant to appear
before himself or before a Medical Officer nominated by himself.
5. The grant of
medical certificate under this rule does not in itself confer upon the railway servant
concerned any right to leave. The medical certificate shall be forwarded to the
authority competent to grant leave and orders of that authority awaited.
6. The authority
competent to grant leave may at its discretion, waive the production of medical
certificate in case of application for leave for a period of not exceeding 3
days at a time. Such leave shall not, however, be treated as leave on medical
certificate and shall be debited against leave other than on medical grounds.
7. Every
certificate of a Medical Officer recommending the grant of leave to a railway
servant must contain a proviso that no recommendation contained in it shall be
evidence or a claim to any leave not admissible to the railway servant under
the term of his contract or the rules to which he is subject. The certificate
should be forwarded to the authority competent to grant the leave and the
orders of that authority should be awaited.
520.
Grant of leave on Medical certificate to Group A and Group B Officers
Before a railway servant
in Group A or Group B is granted leave or an extension of leave, on
medical certificate, he shall obtain a certificate in the following form:
MEDICAL CERTIFICATE FOR RAILWAY SERVANTS
(GROUP A & B) RECOMMENDED LEAVE OR EXTENSION OF LEAVE OR COMMUTATION OF
LEAVE
Signature
of the Railway Servant
.............................................................................
I
..............................................after careful personal
examination of the case hereby certify that
Shri/Shrimati/Kumari..........................................whose signature
is given above, is suffering from ......................................and I
consider that a period of absence from duty of............... with effect
from........................................is absolutely necessary for the
restoration of his/her health.
Date.....................
Medical Superintendent/Divisional
Medical Officer/Authorised Medical
Attendent
Note—(i)
A certificate given by an Assistant Divisional Medical Officer will be
acceptable only if countersigned by Divisional Medical Officer concerned.
(ii)
This form should be adhered to as closely as possible and should be filled in
after the signature of the applicant has been taken. The certifying officer is
not at liberty to certify that the applicant requires a change from or to a
particular locality, or that he is not fit to proceed to a particular locality.
Such certificate should only be given at the explicit desire of the
administrative authority concerned, to whom it is open to decide, when an
application on such grounds has been made to him whether the applicant should
go before a Medical Board to decide the question of his fitness for service.
(iii)
No recommendation contained in these certificates shall be evidence of a claim
to any leave not admissible to the railway servant under the terms of his
contract or of the rules to which he is subject.
521. "Commuted Leave/Leave on production
of Medical Certificate by the Railway Servants shall be regulated as follows:-
Omitted {Provisions of this rule have been merged in rule 519(1)}.
522. Leave to a railway servant who is unlikely
to be fit to return to duty.—(1) (a) When a medical authority has reported that
there is no reasonable prospect that the railway servant will ever be fit to
return to duty, leave shall not necessarily be refused to such Railway servant.
(b) The leave may be
granted, if due, by the authority competent to grant leave on the following
conditions:--
“(i) if the Medical Authority is unable to say
with certainty that the Railway servant, who has acquired a disability, will
never again be fit for service, leave not exceeding twelve months at a time may
be granted and such leave shall not be extended without further reference to a
Medical Authority;
(ii) if a Railway servant is declared by the
Medical Authority, as specified in rule 519, as to have acquired such
disability which may prevent him from discharging further service, leave or an
extension of leave may be granted to him after the certificate of the Medical
Authority has been received in Annexure III-A;
Provided that any leave debited for the
period(s) granted under sub-clause (i) of clause (b), after receipt of the
certificate of disability of the Medical Authority, shall be remitted back into
the leave account of the Railway servant;
Provided further that any leave granted to
regulate the period of absence under sub-clause (ii) of clause (b), after
receipt of the certificate of the Medical Authority, shall not be debited to
the leave account of the Railway servant.”
“(2) In the case of a Railway servant who is
granted leave in accordance with the provisions of clause (b) of sub-rule (1),
the provisions of section 20 of the Rights of Persons with Disabilities Act,
2016 (49 of 2016) shall, suo motu, apply.”
(3) A Railway servant
who fails in vision test or otherwise becomes physically incapable of
performing the duties of the post which he occupies but not capable of
performing other duties shall be granted leave in accordance with ordinary
rules subject to the proviso that where the Railway servant has not got six
months leave to his credit his leave shall be made upto six months by the grant
of extraordinary leave.
If an alternative
employment cannot be found for such a person within the period of leave granted
as above, his service shall not be terminated but his leave shall be extended
by the grant of extraordinary leave, subject to the condition that the total
amount of extraordinary leave to be granted to the Railway servant does not
exceed six months.
The medically
decategorised Railway employee waiting for absorption in alternative post may
be allowed to commute the period of LHAP on production of medical certificate,
subject to certification that the employee is not fit to hold the post from
which he proceeded on leave. The commutation will, however, be admissible only
upto the stage that an alternative post is offered to him by the
administration.
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.
(b) The leave at the
credit of a railway servant at the close of the previous half year shall be
carried forward to the next half year subject to the leave so carried forward
plus the credit for the half year do not exceed the maximum limit of 300 days.
(c ) A period spent in
foreign service shall count as duty for purpose of this rule, if contribution
towards leave salary is paid on account of such period.
(d) The following
procedure for crediting LAP on 1st Jan./1st July w.e.f. 01.07.1997 in respect
of Railway employees may be adopted:--
(i) In case of Railway
employees, having at their credit leave on Average Pay of 285 days or less as
on 1st January/1st July of a year, LAP of 15 days or proportionately less in
respect or retiring persons of those leaving service during the next half year
may continue to be credited to their leave account in advance as at present.
(ii) In cases where the
Leave on Average Pay at credit as on 1st January/1st July is 300 days or less
but more than 285 days, credit of LAP for 15 days may be kept separately and
first adjusted against any LAP that the Railway servant may take during the ensuing
half year and the balance, if any, credited to the LAP account at the close of
the half year subject to the ceiling of 300 days . If the LAP taken during the
half year is more than 15 days the amount in excess of 15 days will, however,
have to be debited to the leave account.
(Authority:- Railway
Board’s letter No. E(P&A)I-2000/CPC/LE-3 dt.1.8-2000)
2. Subject to the
provisions of rules 503,541 as well as this rule, the maximum leave on average
pay that may be granted at a time to a railway sevant shall be 180 days.
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 2½ 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 2½ days per completed calendar
month upto 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 2½ days per completed calendar
month upto the end of the calendar month preceding the calendar month in which
he is removed or dismissed from service or dies in service.
(3) If a railway servant
has availed of extraordinary leave and/or some period of absence has been
treated as dies non during the previous half year, the credit to be afforded to
his leave account at the commencement of the next half year shall be reduced by
1/10th of the period of such leave and/or dies non subject to a maximum of 15
days.
(1) While affording
credit of Leave on Average Pay fraction of a day shall be rounded off to the
nearest day.
(Authority:- Railway
Board’s letter No. E(P&A)I-2000/CPC/ALE-5 dt.7.2-97)
Railway Ministy’s
decision.- Concession to Railways servants on the North-East Frontier Railway.
Once in a calendar year, the staff proceeding on leave on average pay to or via
Calcutta, Lucknow or Patna will be granted additional leave, not debitable to
their leave account on the following scale:-
(i) Staff headquarters
at Siligur station or at stations west of Siliguri 2 days
(ii) Staff headquarters
at stations last of Siliguri but on the North Bank of Brahmaputra , including
Darjeeling-Himalaya Section and at Pandu (Guwahati). 4 days
(iii) Staff head
quarters at stations to the east of Pandu
(Railway Ministry’s
letter No.E(G)58AD-I-dt. 15-2-1958). 6 days
525-
Leave on Average Pay applicable to School Staff
(1)(a)
A Railway servant serving in a Railway School such as a teacher, principal,
headmaster, librarian, laboratory assistant or a waterman shall not be entitled
to any Leave on Average Pay in respect of duty performed in any year in which
he avails the full vacation.
(b)
In respect of any year in which a Railway servant avails a portion of the
vacation, he shall be entitled to Leave on Average Pay in such proportion of 30
days, as the number of days of vacation not taken bears to the full vacation.
Provided that no such leave shall be admissible to a Railway servant not in
permanent employ or quasi-permanent employ in respect of the first year of his
service.
(c)
If, in any year, the Railway servant does not avail any vacation, Leave on
Average Pay shall be admissible to him in respect of that year under Rule 523.
Explanation:
For the purpose of this rule, the term “year” shall be construed not as meaning
a calendar year in which duty is performed but as meaning twelve months of
actual duty in a Railway School.
Note
1 –
A Railway servant entitled to vacation shall be considered to have availed a
vacation or a portion of a vacation unless he has been required by general or
special order of a higher authority to forego such vacation or portion of a
vacation.
Provided that if he has been prevented by such order from enjoying more than
fifteen days of the vacation, he shall be considered to have availed himself of
no portion of the vacation.
Note
2 – When
a Railway servant serving in a Railway school proceeds on leave before
completing a full year of duty, the Leave on Average Pay admissible to him/her
shall be calculated not with reference to the vacations which fall during the
period of actual duty rendered before proceeding on leave but with reference to
the vacation that falls during the year commencing from the date on which he completed
the previous year of duty.
2.
Vacation may be taken in combination with or in continuation of any kind of
leave under these rules.
Provided that the total duration of vacation and Leave on Average Pay taken in
conjunction, whether the Leave on Average Pay is taken in combination with or
in continuation of other leave or not, shall not exceed the amount of Leave on
Average Pay due and admissible to the Railway servant at a time under rule 523.
3.
The Leave on Average Pay under this rule at the credit of a Railway servant at
the close of the previous half year shall be carried forward to the next half
year, subject to the condition that the leave so carried forward plus the
credit for the half year shall not exceed the maximum limit of 300 days.
Note:
- The facility of crediting of unavailed portion of joining time shall be
admissible to persons serving in Railway Schools, in accordance with the
provisions of Rule 1110.
(Authority
Board’s letter No E(P&A)I-2008/CPC/LE-10 dated 06.03.2009) …acs no.116
526. Leave on half average pay.—1(a)
A railway servant, permanent or temporary including the 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.
(Authority
Board’s letter No E(P&A)I-2008/CPC/LE-10 dated 06.03.2009)…acs no.116
(b) The leave due under
clause (a) may be granted on medical certificate or on private affairs.
(c ) The amount of leave
on half average pay that cab be availed of in one spell irrespective of its
being combined with any other kind of leave or not shall be limited to 24 months.
(2) If a railway servant
is on leave on the day on which he completes a year of service, he shall be
entitled to half pay leave without having to return to duty.
(3)
The Leave on Half Average Pay will be credited to the leave account of a Railway
servant on 1st January and 1st July each as
indicated below:-
(1)
The account of Leave on Half Average Pay of every railway servant shall be
credited with Leave on Half Average Pay in advance, in two instalments of ten
days each on the first day of January and July of every calendar year.
(Authority
Board’s letter No E(P&A)I-2008/CPC/LE-10 dated 06.03.2009)…acs no.116
(2) The leave shall be
credited to the leave account at the rate of 5/3 days for each completed
calendar month of service which the railway servant is likely to render in the
half-year of the calendar year in which he/she is appointed.
(3) The credit for
half-year in which the railway servant is due to retire or resigns from service
shall be allowed at the rate of 5/3 days per completed month upto the date of
retirement resignation.
(4) When a railway
servant is removed or dismissed or dies while in service, credit of leave on
half-average pay shall be allowed at the rate of 5/3 days per completed
calendar month upto the end of calendar month preceding the calendar month in
which the railway servant is removed or dismissed from service or dies while in
service.
(5) Leave on
half-average pay under these rules may be granted on medical certificate or on
private affairs provided that in the case of railway servants, not permanently
employed, no leave on half-average pay shall be granted unless the authority
competent to grant leave has reasons to believe that the railway servant will
return on its expiry , except in the case of a railway servant who has been
declared completely or permanently incapacitated for further service by a
medical authority.
(6) While calculating
the completed months of service the month may be rounded off to the next higher
if it exceeds more than 15 days (For example if a railway servant has completed
a year’s service as on 11th May 1986, he may be given the benefit of L.H.A.P.
from May since it exceeds 15 days to December 1985 for 13 days viz.5/3 X 8 =
13½).
(7) Where a period or
absence for suspension of a Railway servant has been treated as “dies-non” in a
half year, the credit to be afforded to his half-pay leave account at the
commencement of next half-year, shall be reduced by one-eighteenth of the
period of ‘dies-non’, subject to a maximum of ten days.
(Authority Board’s
letter No. E(P&A)I-2003/CPC/LE4 dated 19-06-2003)
(8) While affording
credit of half pay leave, fraction of a day may be rounded off to the nearest
day.
EXPLANATION:
Sub-clauses (7) &
(8) under Sub-rule (3) of Rule 526 of Indian Railway Establishment Code, Volume
I (1985 Edition) have been incorporated with the President’s approval effective
from 4-7-1987. Incorporation of these Rules have been necessitated due to
amendments made by the Department of Personnel & Training in the Central
Civil Services (Leave) Rules, 1972 vide their Notification No. 13014/1/87 Estt.
(L) dated 17-7-1987. It is certified that retrospective effect given to these
rules will not adversely affect any employee to whom these rules apply.
Railway Ministry’s
decision.—It is not necessary that a railway servant should return to duty
before availing of half-average pay leave which he has earned during this spell
of leave. As the half-average pay leave becomes due on completing a year’s
service which term include extraordinary leave, the leave account can be
credited with the amount of such leave, as soon as it is earned. If a railway
servant who is already on leave, subsequently applies for an extension of
leave, his application can be treated as a fresh application for leave and in
such circumstances there is no objection to the grant of half pay leave in
continuation of the leave already granted to him. There is also no objection to
the grant of such leave during a spell of leave already granted to a railway
servant provided he submits his application or formally requests for the
conversion of the leave already granted to him into half pay leave. In such
cases it will be necessary to revise the original leave account and subsequent
leave will have to be granted according to the amended leave accounts.
(Railway Board’s Letter
No. E(G)56-CPC/LR/8 dated 13-1-1958.)
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 to the following conditions:--
(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 upto 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 even 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
conditions:--
(i) leave not due shall
be limited to the leave on half average pay he 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 but 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 even of his death.
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 T.B., 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 duty; and the request for leave is supported by a medical
certificate.
Note.—Leave not due,
under Rules 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.
(c) Eighteen months
where the railway servant has completed one year’s continuous service and is
undergoing treatment for—
(i) pulmonary
tuberculosis or pleurisy of tubercular origin, in a recognized sanatorium,
Railway Hospital and Railway Chest Clinics.
(ii) tuberculosis of any
other part of the body by a qualified T.B. Specialist/Civil Medical Officer.
(iii) leprosy in a
recognized leprosy institution or hospital recognized by the State
Administrative Medical Officer concerned.
(iv) cancer or for
mental illness in an institution recognized for the treatment of such disease
or by a Medical officer or 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 upto 18 months will be admissible also to a railway
servant suffering from pulmonary tuberculosis, who receives, treatment at his
residence under a tuberculosis specialist recognized 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
recognized by the Government of India for the purpose of treatment of Central
Government servants and their families will be deemed as recognized for the
purpose of grant of extraordinary leave.
(Railway Board’s Letter
No. F(E)52/LE-2/3 dated 15-6-60.)
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 the 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 upto 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.
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 Workshop may be granted leave on full stipend for a period
not exceeding 16 days and on half stipend on medical certificate for a period
not 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 apprentices
mentioned in rule 534.
536. 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 rules.
538. Leave to persons re-employed after
retirement.—(1) In the case of person 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 removed 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 and 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 authorized 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 to
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 2/5 dated 5-9-1949.)
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
of leave on average pay due not exceeding 300 days together
with half pay leave due subject to the conditions that such leave extends upto
and includes the day preceding the date of retirement.(Authority: letter no.
E(P&A)I-2014/CPC/LE-2 dated 21.10.14)acs no..123
Note.—The leave granted as leave preparatory to retirement shall not
include extraordinary leave.
540-A. Encashment of Leave on Average Pay
along with Railway Pass while in service
A Railway Servant shall be
permitted to encash leave on average pay upto 10 days at the time of availing of Railway Passes
while in service, subject to the condition that:
(1) Deleted (Authority: - Railway Board’s letter No.
F(E)III/2008/LE-1/2 dated 13.04.2010) ------ACS No.111 )
(2) a balance of at least 30 days of leave on
average pay should be available to his credit after taking into account the
period of encashment as well as leave availed of.
(3) the total leave so encashed during the entire
career shall not exceed 60 days
in the aggregate subject to the condition that successive encashment cannot be made before a minimum period
of two years has elapsed;
(4) the cash equivalent shall
be calculated as follows namely:-
Pay in the respective pay band plus Number of days of leave on
grade pay admissible on the date of average
pay subject to the
availing of Railway Pass plus dearness Maximum 10 days at one
Cash equivalent = allowance
admissible on that date x
time
30
No
House Rent Allowance or Transport Allowance shall be payable;
(5) The period of leave encashed shall not be deducted
from the quantum of leave encashable under Rule 549 or Rule 550.(Authority: - Railway Board’s letter No.
F(E)III/2008/LE-1/2 dated 13.04.2010) ------ACS No.111 )
(Authority:
Ministry of Railway's letter No. F(E)III/2008/LE-l/l dated 29-10-2008)-acs
no.107
Multiple choice questions:
1. What is the title of the rules
discussed in the provided context?
a) Railway Services (Liberalised
Leave) Rules, 1947
b) Railway Services (Liberalised Leave) Rules, 1949
c) Railway Services (Liberalised Leave) Rules, 1950
d) Railway Services (Liberalised Leave) Rules, 1951
Answer: b) Railway Services (Liberalised Leave) Rules, 1949
2. Who do the Railway Services
(Liberalised Leave) Rules, 1949 apply to?
a) Only to Railway servants
appointed on or after 1st February 1949
b) Only to Railway servants appointed prior to 1st February 1949
c) To all Railway servants appointed before and after 1st February 1949
d) To temporary Railway servants who have completed 1 year of continuous
service
Answer: c) To all Railway servants appointed before and after 1st
February 1949
3. Which term refers to the
authority specified in the First Schedule of these rules?
a) Audit Officer
b) Authority competent to grant leave
c) Railway servant in quasi-permanent employ
d) Railway servant in permanent employ
Answer: b) Authority competent to grant leave
4. In the context of the provided
rules, what does "Completed years of service" mean?
a) Service under the Railways
excluding periods spent on leave
b) Continuous service of specified duration under the Railways
c) Service under any Government department including leave
d) Service under Railways, excluding extraordinary leave
Answer: b) Continuous service of specified duration under the
Railways
5. What is the meaning of "Date
of retirement" for a Railway servant?
a) The day of the month when the
Railway servant applies for retirement
b) The first day of the month after the Railway servant's retirement
c) The afternoon of the last day of the month in which the Railway servant
attains the age of retirement
d) The evening before the Railway servant's last working day
Answer: c) The afternoon of the last day of the month in which the
Railway servant attains the age of retirement
6. What happens to a railway
servant's leave at credit upon dismissal, removal, or resignation?
a) It remains credited indefinitely
b) It ceases from the date of such dismissal, removal, or resignation
c) It is transferred to the next Railway servant
d) It is automatically converted to casual leave
Answer: b) It ceases from the date of such dismissal, removal, or
resignation
7. What is required for a Railway
servant to convert one kind of leave into another?
a) A request made after retirement
b) A request made within 30 days of rejoining duty
c) A request made before the leave is granted
d) A request made to the Railway Ministry directly
Answer: b) A request made within 30 days of rejoining duty
8. How does leave usually commence
and end according to the rules?
a) Begins on the day the leave is
granted and ends when leave is completed
b) Begins on the day of application and ends after approval
c) Begins on the day on which the transfer of charge is effected and ends on
the day preceding that on which charge is resumed
d) Begins immediately after approval and ends on the specified date of leave
completion
Answer: c) Begins on the day on which the transfer of charge is
effected and ends on the day preceding that on which charge is resumed
9. What must a Railway servant do if
they want to take up employment during their leave?
a) Obtain previous sanction from the
President if the employment is outside India
b) Immediately start the new job without notifying the Railway authority
c) Return from leave and then apply for the new job
d) They cannot take up any employment during their leave
Answer: a) Obtain previous sanction from the President if the
employment is outside India
10. What is the maximum amount of
continuous leave a Railway servant can be granted?
a) 2 years
b) 3 years
c) 5 years
d) 6 years
Answer: c) 5 years
11. Which of the following factors
should NOT be considered by the competent authority when deciding which leave
applications to grant?
- A) The railway servants who can, for the time being,
best be spared.
- B) The amount of leave due to the various applicants.
- C) The length of time the applicant has been employed
with the Railway.
- D) The fact that any such applicant was compulsorily
recalled from his last leave.
Answer Key:
- C) The length of time the applicant has been employed
with the Railway.
12. What must be included in the
order sanctioning leave on average pay/half average pay to a Railway servant?
- A) The amount of leave remaining at the servant's
credit.
- B) The reasons for granting the leave.
- C) The expected return date.
- D) A summary of the servant’s service record.
Answer Key:
- A) The amount of leave remaining at the servant's
credit.
13. How often should consolidated
leave orders be issued, according to the Railway Ministry's decision?
- A) Weekly.
- B) Daily.
- C) Twice a month.
- D) Monthly.
Answer Key:
- C) Twice a month.
14. What should be done if a railway
servant applies for leave and the leave is recommended by the immediate
controlling authority?
- A) Leave should automatically be granted.
- B) The servant should await formal sanction of leave.
- C) Leave may be deemed as sanctioned unless informed
otherwise.
- D) The servant must get approval from a higher
authority.
Answer Key:
- C) Leave may be deemed as sanctioned unless informed
otherwise.
15. Who maintains the leave account
for Group A and Group B railway servants?
- A) The railway servant's immediate supervisor.
- B) The head of the office.
- C) The Accounts Officer.
- D) The Railway Ministry.
Answer Key:
- C) The Accounts Officer.
16. What must be verified before
leave is granted to a railway servant?
- A) The servant's financial status.
- B) The amount of leave due in the leave account.
- C) The servant's performance review.
- D) Approval from the Railway Ministry.
Answer Key:
- B) The amount of leave due in the leave account.
17. Under which circumstance is
leave NOT to be granted to a railway servant?
- A) When the servant has a pending disciplinary case.
- B) When the servant is about to be compulsorily
retired.
- C) When the servant has more than 30 days of leave
balance.
- D) When the servant's request for leave is deemed
invalid.
Answer Key:
- B) When the servant is about to be compulsorily
retired.
18. If a railway servant is recalled
to duty before the expiry of leave within India, what is he entitled to?
- A) Compensation for lost leave days.
- B) Leave salary and travel allowance.
- C) An extension of leave upon return.
- D) No special entitlements.
Answer Key:
- B) Leave salary and travel allowance.
19. Which of the following is TRUE
about returning to duty from leave?
- A) A railway servant can return to duty anytime during
the leave period.
- B) A railway servant can return to duty only with
permission from the leave-granting authority.
- C) A railway servant must return to duty immediately
upon feeling fit.
- D) A railway servant is automatically reinstated to his
previous post upon returning.
Answer Key:
- B) A railway servant can return to duty only with
permission from the leave-granting authority.
20. What happens if a railway
servant remains absent after the expiry of leave without an extension?
- A) The absence period is automatically treated as
unpaid leave.
- B) The absence is debited as leave on half average pay.
- C) The railway servant is entitled to full leave salary
during the absence.
- D) The absence is ignored if the servant returns within
three days.
Answer Key:
- B) The absence is debited as leave on half average pay.
21. Who can issue a Medical and
Fitness Certificate for a railway servant covered under the CGHS/RHS?
- A) Any registered medical practitioner.
- B) Only the railway servant's immediate supervisor.
- C) An authorized CGHS Medical Officer or a
Railway/Government Authorized Medical Officer.
- D) A private hospital recognized under the CGHS.
Answer Key:
- C) An authorized CGHS Medical Officer or a
Railway/Government Authorized Medical Officer.
22. Under what condition can a
railway servant join duty without a fitness certificate from a Railway Medical
Officer?
- A) If the medical leave was for less than 3 days.
- B) If the leave was sanctioned by the immediate
supervisor.
- C) If the servant produces a fitness certificate from
any registered practitioner.
- D) If the leave was taken during a specified period
like summer or Diwali.
Answer Key:
- A) If the medical leave was for less than 3 days.
23. In the case of hospitalization
in a recognized private hospital, what may a railway servant produce to return
to duty?
- A) A letter from the hospital's director.
- B) A Medical/Fitness Certificate from the hospital's
Authorized Medical Officer.
- C) A personal note explaining the illness.
- D) A report from the railway servant’s immediate
superior.
Answer Key:
- B) A Medical/Fitness Certificate from the hospital's
Authorized Medical Officer.
24. What is the maximum period for
which the production of a medical certificate can be waived by the leave
sanctioning authority?
- A) 7 days.
- B) 5 days.
- C) 3 days.
- D) 10 days.
Answer Key:
- C) 3 days.
25.What
is the maximum number of days of Leave on Average Pay (LAP) that a Railway
servant can carry forward into the next half-year?
- a) 180 days
- b) 240 days
- c) 285 days
- d) 300 days
Answer: d) 300 days
26.Under
what condition can commuted leave be granted to a Railway servant?
- a) On personal request
- b) Without any specific condition
- c) On medical certificate
- d) Only after completing 10 years of service
Answer: c) On medical certificate
27.If
a Railway servant is on leave on the day they complete a year of service, how
is Leave on Half Average Pay (LHAP) affected?
- a) LHAP is credited only if they return to duty
- b) LHAP is automatically credited
- c) LHAP is canceled for that year
- d) LHAP is reduced by half
Answer: b) LHAP is automatically credited
28.What
is the maximum period of extraordinary leave that can be granted to a temporary
Railway servant without a medical certificate?
- a) 6 months
- b) 3 months
- c) 12 months
- d) 18 months
Answer: b) 3 months
29.What
happens to the leave on half-average pay if a Railway servant is granted
commuted leave?
- a) It is not affected
- b) Twice the amount of commuted leave is debited from
LHAP
- c) It is automatically converted to LAP
- d) It is credited back to the leave account
Answer: b) Twice the amount of commuted leave is debited from LHAP
30.Which
of the following is a condition for granting leave to a Railway servant who is
unlikely to be fit to return to duty?
- a) Leave can be granted only if there is no chance of
recovery
- b) Leave is refused if the Medical Authority is
certain of no recovery
- c) Leave may be granted if there is uncertainty about
the Railway servant’s future fitness
- d) Leave is automatically extended without further
medical evaluation
Answer: c) Leave may be granted if there is uncertainty about the Railway servant’s future fitness
31.What
is the maximum number of days of commuted leave that can be granted to a
Railway servant for an approved course of study in public interest?
- a) 90 days
- b) 120 days
- c) 180 days
- d) 240 days
Answer: c) 180 days
32.If
a Railway servant with less than six months of leave credit fails a vision test
but is still capable of performing other duties, what type of leave is granted?
- a) Extraordinary leave only
- b) Half pay leave extended to 6 months
- c) Leave on average pay up to 6 months
- d) Leave on half pay extended to 6 months with
extraordinary leave if needed
Answer: d) Leave on half pay extended to 6 months with extraordinary leave if needed
33.What
must a Railway servant do if they want to take extraordinary leave despite
having other types of leave available?
- a) Apply in writing for extraordinary leave
- b) Resign and reapply for service
- c) Complete a probationary period
- d) Submit a medical certificate
Answer: a) Apply in writing for extraordinary leave
34.What
is the maximum number of days of Leave Not Due that may be granted to a
temporary Railway servant suffering from a serious illness such as
tuberculosis?
- a) 180 days
- b) 240 days
- c) 360 days
- d) 720 days
Answer: c) 360 days
35.
What type of leave is a railway servant on probation entitled to under these
rules?
a)
Only extraordinary leave
b) Leave as if he held his post substantively
c) No leave at all
d) Leave without pay
Answer: b) Leave as if he held his post substantively
36.
Under what condition can leave granted to a probationer not extend beyond the
date on which his services are terminated?
a)
If the probationer is on medical leave
b) If the probationer’s services are proposed to be terminated
c) If the probationer is promoted
d) If the probationer is transferred
Answer: b) If the probationer’s services are proposed to be
terminated
37.
What is the maximum leave on full stipend that can be granted to Special Class
Railway Apprentices in any year of apprenticeship?
a)
12 days
b) 20 days
c) 16 days
d) One month
Answer: d) One month
38.
In case of ill health, how does the stipend for Special Class Railway
Apprentices change if leave exceeds one month?
a)
They continue to receive the full stipend
b) They receive half stipend
c) They are not eligible for any stipend for the excess period
d) They receive double the stipend
Answer: c) They are not eligible for any stipend for the excess
period
39.
How much leave on half stipend can Apprentice Mechanics in Railway Workshops be
granted on medical certificate in any year of apprenticeship?
a)
12 days
b) 20 days
c) 16 days
d) One month
Answer: b) 20 days
40.
What is the maximum leave on full stipend that can be granted to Trade
Apprentices in any year of apprenticeship?
a)
12 days
b) 20 days
c) 16 days
d) One month
Answer: a) 12 days
41.
Who has the authority to grant extraordinary leave without stipend to
apprentices other than Special Class Apprentices?
a)
The Railway Board
b) The General Manager
c) The Head of Department
d) The Station Master
Answer: b) The General Manager
42.
What is the maximum number of days a railway servant can encash leave on
average pay while availing Railway Passes during service?
a)
30 days
b) 60 days
c) 10 days
d) 15 days
Answer: c) 10 days
43.
What is the minimum balance of leave on average pay that must be available
after encashing leave while availing of Railway Passes?
a)
60 days
b) 45 days
c) 30 days
d) 15 days
Answer: c) 30 days
44.
How often can successive encashments of leave on average pay be made while
availing Railway Passes?
a)
Every year
b) Every two years
c) Every three years
d) Every six months
Answer: b) Every two years
45.
Which of the following is not included in the cash equivalent calculation when
encashing leave on average pay?
a)
Pay in the respective pay band
b) Grade pay
c) Dearness allowance
d) House Rent Allowance
Answer: d) House Rent Allowance
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