Legal Question in Employment Law in India

22.01.2013

Dear Sir / Madam,

(Bhajanpura / Brahampuri / Ghonda / Jafrabad / Seelampur / Shastri Park / Yamuna Vihar - Delhi)

Rule 9 of the Central Civil Services (Leave) Rules, 1972 reads thus :

9. Effect of dismissal, removal or resignation on leave at credit

(1) Except as provided in Rule 39 and this rule, any claim to leave to the credit of a Government servant, who is dismissed or removed or who resigns from Government service, ceases from the date of such dismissal or removal or resignation.

(2) Where a Government servant applies for another post under the Government of India but outside his parent office or department and 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.

Rule 39 : Leave/Cash payment in lieu of leave beyond the date of retirement, compulsory retirement or quitting of service (resignation) :

(1) No leave shall be granted to a Government 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 Government or he is retired by Government by giving him notice or pay and allowances in lieu of such notice, in accordance with the terms and conditions of his service, or

(d) the date of his resignation from service.

Since the law does not permit any leave during resignation except in the case of transfer as per Rule 9(2) above, the matter is at the discretion of the Principal, whether to grant you the leave on the production of a Medical Certificate from an authorized medical practitioner.

Regards,

FCA Prashant Chavan

Mumbai

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