Continuous leave by Central Government Servant in excess of 5 years banned

Central Civil Services (Leave)  Rules, 1972 is sought to be amended  to the effect that Central Government Employees can not avail any leave for a continuous period of Five years.  Central Civil Services (Leave) (Amendment) Rules, 2012, which seeks to amend the original Leave Rules, also stipulate that a Government 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 Government service.

CCS(Leave) (Second Amendment) Rules, 2012.

TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION-3, SUB-SECTION (i)]

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi. the 29th March, 2012.

Notification

GSR…….(E) …. In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

I. (i) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2012.
(2) They shall come into force on the date of theìr publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, for rule 12, the following rule shall be substituted, namely:-

“12.(I) No Government 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 Government 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 Government service :

Provided that a reasonable opportunity to explain the reasons for such absence shall be givne to that Government servant before provisions of sub-rule (2) are invoked”.

F.No.13026/2/2010-Estt.(L)

                                                                                                                                          sd/-(Mamta Kundra)
Joint Secretary to the Government of India