INDIAN RAILWAY ESTABLISHMENT CODE (Vol - I)

||  Index  ||  Chapter 1  ||  Chapter 2  ||  Chapter 3  ||  Chapter 4  ||  Chapter 5  ||  Chapter 6  || 
|| Chapter 7  ||  Chapter 8  ||  Chapter 9  ||  Chapter 10  ||  Chapter 11  ||  Chapter 12  ||
||  Appendix & Annexure   ||

Chapter 5
Leave Rules

 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 in the interest of public service beyond the date of his retirement, he may be granted after expiry of the period of extension cash equivalent in respect of both leave on average pay and leave on half average pay at his credit on the date of retirement, plus the leave on average pay and leave on half average pay earned during the period of extension, reduced by the leave on average pay and leave on half average pay availed of during such period, subject to a maximum of 300 days and the cash equivalent payable shall be the same as in sub-rule (A)(1)(b) of Rule 550.”

(Railway Board’s letter No. F(E)III/2008/LE-1/2    dated 13.04.2010)  –ACS  No.111 

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 1-7-1986 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 29th September, 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 13-9-86. It is certified that retrospective effect given for this rule 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 have 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 appointment will not be admissible to them. Likewise, persons whose services are lent by commercial concerns or semi-Government organizations 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 a time may be grated 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 un-expired 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;

(Railway Board Letter No. F(E) 59/LE1(1) dated 13-6-1959.)

(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. Drawl 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 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 pension 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 upto 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 as 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 such Special pay.

 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 upto a month’s pay and allowance subject to the following conditions:

(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 Groups 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 for both leave on average pay and leave on half average pay, if any, at the credit of the deceased Railway servant on the date of his death, not exceeding 300 days shall be paid to his family in the manner specified in Rule 549-A and the cash equivalent payable shall be the same as in sub-rule (A)(1)(b) of Rule 550.

(Authority: - Railway Board’s letter No. F(E)III/2008/LE-1/2 dated 13.04.2010) ------ACS No.111

 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 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 constructed 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 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 married daughter;

(viii)   failing (i) to (vii) above, to the eldest surviving brother below the age of eighteen years.;

(ix)    failing (i) to (viii) above, to the eldest surviving unmarried sister;

(x)    failing (i) to (ix) above, to the eldest surviving widowed sister; and

(xi)   failing (i) to (x) above, to the eldest child of the eldest predeceased son.

(Authority: - Railway Board’s letter No. F(E)III/2008/LE-1/2 dated 13.04.2010) ------ACS No.111

550. Cash payment in lieu of  leave

(A)   In case of retirement on attaining the age of superannuation: 

(1) (a) Where a Railway servant retires on attaining the normal age prescribed for retirement under the terms and conditions governing his service, the authority competent to grant leave shall, suo-motu, issue an order granting cash equivalent of leave salary for both leave on average pay and leave on half average pay, if any, at the credit of the Railway servant on the date of retirement, subject to a maximum of 300 days.

 

(b)  The cash equivalent of leave salary under clause (a) shall be calculated as follows and shall be payable in one lump sum as a one time settlement:-

(i) Cash equivalent for    leave on average pay

 

=

Pay admissible on the date of retirement plus Dearness Allowance admissible on that date______________________

                        30

 

X

Number of days of unutilized leave on average pay at credit subject to the total of leave on average pay and leave on half average pay not exceeding 300 days

(ii) Cash payment in lieu of leave on half average pay component

 

=

Leave on half average pay salary admissible on the date of retirement plus  Dearness Allowance admissible on that date_____

                        30

 

X

Number of days of leave on half average pay at credit subject to the total of leave on average pay and leave on half average pay at credit not exceeding 300 days

Note: - The overall limit for encashment of leave including both leave on average pay and leave on half average pay shall not exceed 300 days.

(c) To make up the shortfall in leave on average pay, no commutation of leave on half average pay shall be permissible.

(B)   In case of retirement other than on attaining the age of superannuation: 

 (1)  In cases of premature/voluntary retirement :  (i)  A Railway servant who retires by giving notice to the Government or is retired by the Government 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-motu, by the authority competent to grant leave, cash equivalent of the leave salary in respect of both leave on average pay and leave on half average pay at his credit, subject to a maximum of 300. The cash equivalent payable shall be the same as in sub-rule (A)(1)(b) of Rule 550.

(ii) Where the services of a Railway servant are terminated by 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-motu, by the authority competent to grant leave, cash equivalent in respect of both leave on average pay and leave on half average pay at his credit on the date on which he ceases to be in service, subject to a maximum of 300 days and the cash equivalent payable shall be the same as in sub-rule (A)(1)(b) of Rule 550.

(2)  In case of retirement 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 both leave on average pay and leave on half average pay 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 authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings he will become eligible to the amount so withheld after adjustment of Railway dues, if any.

 

Railway Ministry’s decision - Encashment of unutilised leave on average pay and leave on half average pay will be allowed to those Railway servants who are compulsorily retired as a measure of punishment under the disciplinary rules even if a cut in pension (including gratuity) has been ordered. In such cases, the authority competent to grant leave can sanction cash equivalent of leave salary for both leave on average pay and leave on half average pay, if any, at the credit of the Railway servant on the date of such retirement, subject a maximum of 300 days. The cash equivalent payable shall be the same as in sub-rule (A)(1)(b) of Rule 550.

(Authority:  Railway Board’s letter No.F(E)III/2006/LE-1/1  dated  20.3.2006.)

 (C)    In case of invalidation from service:-

  (1) A Railway servant who is declared by a Medical Authority to be completely and permanently incapacitated for further service may be granted, suo-motu, by the authority competent to grant leave, cash equivalent of leave salary in respect of both leave on average pay and leave on half average pay, if any, at the credit of the Railway servant on the date of his invalidation from service, subject to a maximum of 300 days and the cash equivalent payable shall be the same as in sub-rule (A)(1)(b) of Rule 550.

(2) A Railway servant not in permanent employ or temporary employ of more than 3 years shall not, however, be granted cash equivalent of leave salary in respect of leave on half average pay standing at his credit on the date of his invalidation from service.

 (D)  In case of re-employment:-

          A Railway servant, who is re-employed after retirement may, on termination of his                 re-employment, be granted, suo-motu, by the authority competent to grant leave, cash equivalent in respect of both leave on average pay and leave on half average pay at his credit on the date of termination of his re-employment subject to a maximum of 300 days, including the period for which encashment was allowed at the time of retirement and the cash equivalent payable shall be the same as in sub-rule (A)(1)(b) of Rule 550.

 (E)  In case of resignation or quitting of service : 

A railway servant may be granted, suo-motu, by the authority competent to grant leave, 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.

(Authority: - Railway Board’s letter No. F(E)III/2008/LE-1/2 dated 13.04.2010) ------ACS No.111

(F) In case of permanent absorption in Public Sector Undertaking/ Autonomous body wholly or substantially owned or controlled by the Central /State Government:

A railway servant who has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Central Government or State Government or in or under a body controlled or financed by one or more than one such Government shall be granted, suo moto, by the authority competent to grant leave cash equivalent of leave salary in respect of both leave on average pay and leave on half average pay, if any, at the credit of the Railway servant on the date of absorption subject to a maximum of 300 days and the cash equivalent of leave salary payable shall be calculated in the same manner as provided for in sub-rule (A)(1)(b) of Rule 550".(Authority:-F(E)III/2008/LE-1/2 dated 27-10-11) acs no.119
 

Special Kinds of Leave  

551. Maternity Leave- (1) A female railway servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement.

(2)  During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3) Maternity Leave not exceeding 45 days may also be granted to a female Railway servant (irrespective of the number of surviving children) during the entire service of that female Railway servant in case of miscarriage including abortion on production of medical certificate as laid down in Rule 519.

 (4) (a) Maternity Leave may be combined with leave of any other kind.

(b) Notwithstanding the requirement of production of medical certificate contained in Rule 527 or sub-rule (1) of Rule 528, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two years may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).

 (5) Maternity leave shall not be debited against the leave account. 

(1)   551(A) – Paternity Leave (1)A male Railway servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competant to grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e., up to 15 days before, or up to six months from the date of delivery of the child.

 

(2)  During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

      (3)  The Paternity Leave may be combined with leave of any other kind. 

(4)  Paternity Leave shall not be debited against the leave account.

 

(5)  If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.

 

(6)  The Paternity Leave can be granted only in a single spell. 

Note:- The Paternity Leave shall not normally be refused under any circumstances.

(Authority: - Railway Board letter NO. (P&A)I-2008/CPC/LE-8 dated 04.05.11 ) …acs no. 116

 551(B). - Paternity Leave to male casual Railway employee who has been granted temporary status—A male casual Railway employee who has been granted temporary status with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement period of his wife. The leave should be applied for and availed of, at least partly, or at least commence within a period of 135 days of childbirth. The Paternity leave can commence prior to childbirth so long as the date of birth of child falls during the period of such leave. It shall not be debited against the leave account and may be combined with pro-rata leave on average pay admissible to the casual Railway employees (as in the case of Maternity Leave). Paternity Leave too, like Maternity Leave, can be sanctioned only in a single spell. During the period of such leave he shall be paid wages, in respect of working days equal to the wages drawn immediately before proceeding on leave.

(Authority:- Railway Board’s letter No. E(P&A)I-98/CPC/LE-6 dt.21.5-99)

551(C) - Child Adoption Leave 

An adoptive mother on the railways with less than two surviving children may be granted leave of 135 days as 'Child Adoption Leave' on adoption of a child upto one year of age, on the lines of maternity leave admissible to natural mothers. 

2.            During the period of Child Adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. 

3.        Child Adoption leave may be combined with leave of any other kind. 

4.         In continuation of 'Child Adoption leave', the adoptive mothers may also be granted, if applied for, leave of the kind due and admissible (including Leave not due and Commuted leave not exceeding 60 days without production of Medical certificate) for a period upto one year reduced by the age of the adopted child on the date of legal adoption without taking into account the period of child Adoption leave, subject to the following conditions: 

(i)            This facility will not be available to an adoptive mother already having two surviving children at the time of adoption.

(ii)        The maximum admissible period of one year  leave of the kind due and admissible (including Leave not due and Commuted leave upto 60 days without production of medical certificate) will be reduced by the age of the child on the date of adoption without taking into account Child Adoption leave as in the following illustrations; 

-           If the age of the adopted child is less than one month on the date of adoption leave upto one year may be allowed, 

-           If the age of child is six months and above but less than seven months, leave upto 6 months may be allowed. 

-               If the age of the child is 9 months and above but less than ten months, leave upto 3 months may be allowed. 

5.        Child Adoption leave shall not be debited against the leave account. 

(Authority: - Railway Board's letter No.E (P&A)I-2006/CPC/LE-l, dated 18-05-2006

551 (D)- Paternity Leave for child adoption-

(1)   A male Railway servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days within a period of six months from the date of valid adoption.

(2)  During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3)  The Paternity Leave may be combined with leave of any other kind.

(4)  The Paternity Leave shall not be debited against the leave account.

(5)  If Paternity leave is not availed of within the period specified in sub-rule(1), such leave shall be treated as lapsed.

Note: -The Paternity Leave shall not normally be refused under any circumstances.

551(E) – Child Care Leave.

(1)   A woman railway servant having minor children below the age of eighteen years (upto the age of 22 years in case of disabled children) may be granted Child Care Leave by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during the entire service for taking care of upto two children, whether for rearing or to look after any of their needs like examination, sickness etc.

(2)   During the period of Child Care Leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3)   Child Care Leave may be combined with leave of any other kind.

(4)   Notwithstanding the requirement of production of medical certificate contained in Rule 527 or sub-rule (1) (ii) of Rule 528, leave of the kind due and admissible (including commuted leave not exceeding 60 days and leave not due) upto a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1).

(5)   Child Care Leave shall not be granted in more than 3 spells in a calendar year with each spell of Child Care Leave being not less than 15 days.

(6)   Child Care Leave shall be admissible for the two eldest surviving children only.

(7)   Child Care Leave cannot be demanded as a matter of right. Under no circumstances can any employee proceed on Child Care Leave without prior proper approval of the leave by the leave sanctioning authority.

(8)   The Child Care Leave is to be treated like Leave on Average Pay and sanctioned as such.

(9)   Child Care Leave should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.

(10) Child Care Leave shall not be debited against the leave account.

Note 1: The leave account for Child Care Leave shall be maintained in the following format and shall be kept along with the Service Book of the female Railway servant concerned:-

Format for maintaining the Child Care Leave Account

Period of Child Care Leave taken

Balance of Child Care Leave

Signature & Designation of the certifying officer

From

To

Balance

Date

(1)

(2)

(3)

(4)

(5)

 

 

 

 

 

Note 2: Disabled Child having a minimum disability of 40% is elaborated in the Ministry of Social Justice and Empowerment’s Notification No. 16-18/97-NI.I dated 01.06.2001.  Documents relating to the handicap as specified in the above said Notification dated 01.06.2001, as well as a certificate from the Railway servant regarding dependency of the child on the Railway servant would have to be submitted by the female Railway employee.  The Child Care Leave would be permitted to female Railway employees only if the child is dependent on her.

Note 3: The benefit of encashment of Leave on Average Pay, admissible in terms of Rule 540-A, cannot be availed during Child Care Leave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.

                        (Authority Board’s letters No. E(P&A)I-2008/CPC/LE-8 dated 23.10.2008, 12.12.2008, 23.04.2010, 04.10.2010 and 08.02.2011. Board’s letters are based on corresponding instructions of DOP&T viz. OM Nos. 13018/2/2008-Estt.(L) dated 11.09.2008, 18.11.2008 & 02.12.2008; 13018/6/2009-Estt.(L) dated 03.03.2010; 13018/1/2010-Estt. dated 07.09.2010 & 30.12.2010 and DOP&T’s Notification No. 11012/1/2001 Estt.(L) dated 01.12.2009.)…ACS NO.116 

 552. Special disability leave for injury intentionally inflicted.—(1) The authority competent to grant leave may grant special disability leave to a railway servant (whether permanent or temporary) who is disabled by injury intentionally inflicted or caused in or in consequence of due performance of his official duty or in consequence of his official position.

(2) Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed, and the person disabled acted with due promptitude in bringing it to notice. Provided that the authority competent to grant leave, if it is satisfied as to the cause of the disability, may permit leave to be granted in cases where the disability manifested itself more than three months after the occurrence of its cause.

(3) The period of leave granted shall be such as is certified by the Authorised Medical Attendant of the Railway servant concerned to be necessary. It shall not be extended except on the certificate of that authority and shall in no case exceed 24 months.

(4) Such leave may be combined with leave of any other kind.

(5) Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.

(6) Special disability leave shall be counted as duty in calculating service for pension and shall not except the leave granted under proviso to clause (b) of sub-rule (7) be debited against the leave account.

(7) Leave salary during such leave shall--

(a) for the first 120 days of any period of such leave, including a period of such leave granted under sub-rule (5) be equal to leave salary while on leave on average pay; and

(b) for the remaining period of any such leave, be equal to leave salary during half pay leave:

Provided that a railway servant may, at his option, be allowed leave salary as in sub-rule (a) for period exceeding 120 days and in that even the period of such leave shall be debited to his half pay leave account.

(8) In the case of a person to whom the Workmen’s Compensation Act, 1923 (18 of 1923) applies, the amount of leave salary payable under this Rule shall be reduced by the amount of compensation payable under section 4(1)(d) of the said Act.

(9) The provisions of this Rule apply to a railway servant disabled in consequence of service with a military force, if he is discharged as unfit for further military service, but is not completely and permanently incapacitated for further civil service and to a railway servant not so discharged who suffers a disability which is certified by a medical board to be directly attributable to his service with a military force; but in either case, any period of leave granted to such a person under military rules in respect of that disability shall be reckoned as leave granted under this Rule for the purpose of calculating the period admissible.

 553. Special disability leave for accidental injury.—(1) The provisions of rule 552 shall apply also to a railway servant, whether permanent or temporary, who is disabled by injury accident incurred in, or in consequence of due performance of his official duties or in consequence of his official position, or by illness incurred in the performance of any particular duty which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the post which he holds.

(2) The grant of special disability leave in such case shall be subject to the further conditions:--

(i) that the disability if due to disease must be certified by the Authorised Medical Attendant of the railway servant concerned to be directly due to the performance of the particular duty;

(ii) that if the Railway servant has contracted such disability during service otherwise than with a military force, it must be in the opinion of the authority competent to sanction leave, exceptional in character; and

(iii) that the period of absence recommended by the Authorised Medical Attendant may be covered in part by leave under this rule and part by any other kind of leave, and that the amount of special disability leave granted on average pay shall not exceed 120 days.

 554. Hospital leave.—(1) Hospital leave may be granted to railway servants other than in Group A or Group B, while under medical treatment for illness or injuries if such illness or injury is directly due to risks incurred in the course of official duties.

(2) Hospital leave shall be granted on production of medical certificate from an Authorised Medical Attendant.

(3) (a) Hospital leave may be granted for such period as the authority granting it may consider necessary on leave salary--

(i) equal to leave salary while on leave on average pay for the first 120 days of any period of such leave; and

(ii) equal to leave salary during half pay leave for the remaining period of any such leave.

(b) The amount of hospital leave which may be granted by the General Managers to railway servants is unlimited.

(4) Hospital leave shall not be debited against the leave account and may be combined with any other kind of leave which may be admissible, provided the total period of leave, after such combination, does not exceed 28 months.

Note.—If the railway servant is one to whom the Workmen’s Compensation Act 1923 (18 of 1923) applies the amount of leave-salary payable during Hospital Leave shall be reduced by the amount of compensation payable under Section 4(1)(d) of the said Act When a disablement regarded at first as temporary, proves to be a permanent disablement and compensation becomes payable under clause (b) or (c) of Section 4(1) of the Workmen’s Compensation Act, the hospital leave-salary should be restored to the full amount admissible under the above rule.

President’s decision 1.—General Managers are empowered to relax the provisions of this rule in individual cases meriting sanction of Hospital leave beyond a period of 120 days on leave salary equal to leave salary while on leave on average pay. Such cases are to be reviewed by the CMO personally and entered in a register to be maintained by CMO so that at any time the extant of the problem can be checked. Also, such cases are to be put up to the FA & CAO for his concurrence before these are put up to the General Manager for sanction. These powers are to be exercised personally by the General Managers and are not to be delegated further.

President’s decision 2.—Divisional Rail Managers (DRMs)/Chief Workshop Engineers (CWEs) are empowered to relax the provisions of Rule 554-R.I, 1985 edition, in individual cases, meriting sanction of Hospital leave beyond a period of 120 days on leave salary equal to leave salary while on leave on average pay, subject to such cases being reviewed by the Medical Superintendents and concurred in by Senior Divisional Accounts Officer/Associate Accounts Officer. Also, a list of such cases should be put pup to the General Managers half yearly for their post-facto approval. These powers are to be exercised personally by the DRMs/DWEs and are not be delegated further. It has also been decided that cases that occurred during the intervening period, i.e. from 1985 onwards, where the Railways have already sanctioned Hospital Leave for periods beyond 120 days on leave salary equal to leave salary while on leave on average pay, need not be reopened.

President’s decision 3.—It has been further decided that the Heads of non-divisional units, such as Workshops, Stores, Depots, Zonal training Centres, etc., in the Junior Administrative Grade/Selection Grade are also empowered to sanction Hospital Leave beyond a period of 120 days in relaxation of the provisions of rule 554.R.I,1985 edition in individual cases meriting sanction of Hospital Leave beyond a period of 120 days on leave salary equal to leave salary while on leave on average pay. Where the heads of such non-divisional units are in lower than JA grade, all cases of grant of Hospital Leave beyond a period of 120 days in relaxation of the provisions quoted above should be put up to the controlling SAG officer for sanction. The grant of Hospital Leave beyond 120 days in relaxation of the rules mentioned above in all cases shall however be subject to such cases being reviewed by the Medical Superintendents and concurred in by Senior Divisional Accounts Officer/Associate Accounts Officer. Further’s as already stipulated in Board’s letter of even number dated 14-1-93, a list of all such cases should be put up to the General Managers half-yearly for their post facto approval. Papers to General Managers should be routed though the controlling SAG officers. It may also be ensured that payment against Hospital Leave whenever due is made regularly and not allowed to pend.

President decision 4.—It has been decided that such cases of railway servants injured on duty during the intervening period from 1985 to 14-1-93 and where Hospital Leave was not granted beyond 120 days on full average pay may be reviewed by the Railways, and accordingly leave should be regularised, by the General Manager as Hospital Leave beyond 120 days on full average pay in terms of extant orders on the merit of each case for the intervening period from 1985 to 14-1-93.

The old cases will be regularised with the personal sanction of the General Manager with concurrence of the FA & CAO.

(Authority: Railway Board’s Letter No. E(P&A)I-96/JCM/DC-1 dated31-7-96.)

 555. Quarantine Leave.—Deleted.

 556. Study Leave.—Study leave may be granted in accordance with the rules prescribed in Appendix V to railway servants to enable them to study scientific, technical or similar problems or to undergo special courses of instruction. Such leave is not debited against the leave account.

Counting of study leave for promotion, pension, seniority, leave and increments.—(1) Study leave shall count as service for promotion, pension and seniority. It shall also count as service for increments as provided in rules.

(2) The period spent on study leave shall be counted for earning both Leave on Average Pay and Leave on Half Average Pay.

 (Authority Railway Board’s letter No. F(E)III/2009/LE-1/1 dated 04.01.11) ACS No.115 

Miscellaneous

 557. Where any doubt arises to the interpretation of these rules it shall be referred to the Ministry of Railways for a decision. No relaxation of these rules shall be made except with the concurrence of the Ministry of Railways.

FIRST SCHEDULE

(See Rule 503)

AUTHORITIES COMPETENT TO GRANT LEAVE

S.No. Kind of Leave Authority comptetent to grant leave

1.

Leave on average pay, half-pay leave, commuted leave, leave not due, extraordinary leave, maternity leave, hospital leave.

1. Ministry of Railways

2. General Managers

3. Head of Department

4. Divisional Railway Managers, and any other lower authority for whom powers have been delegated by the General Manager, Head of Department & Divisional Railway Manager.

2.

Special disability leave

Do.

3.

Study leave

1. Ministry of Railways, in all cases of Study leave within India and abroad.

2. General Managers, in all cases of Study Leave within India

3. Head of Departments and Divisional Railway Managers, in the case of Railway Servants in Group ‘C’ and ‘D’ for Study Leave within India

(Authority:- Railway Board’s letter No.F(III)/98/LE1/1 dt. 5-2-98)

ANNEXURE 1

FORM I

(See Rule 511)

Application for Leave or For Extension of Leave

(Except in very urgent cases leave should normally be applied for two months in advance of the date from which it is required).

1. Name of applicant.

2. Leave Rules applicable.

3. Post held.

4. Department/Office/Branch.

5. Permanent or Temporary.

6. If permanent, the post & Office where lien is held.

7. Pay, excluding allowances.

8. H.R.A., C.C.A., Conveyance or other compensatory

Allowances drawn in the post.

9. Nature and period of leave is applied for and

date from which required.

10. Grounds on which leave is applied for.

11. Date of return from last leave, and the nature

and period of that leave.

12. Address during leave period.

Station :

Date :

Signature of Applicant.

Remarks and/or recommendation of Branch Officer/Controlling Officer.

Date : Signature

Designation :

Certified that LAP for ......................................days, LHAP for .......................................... days and LWP for .............................days from.............................to ................................is admissible. The balance of leave at his credit on ...............................will be.

LAP.............................days.

LHAP..........................days .

Signature of the verifying authority/Accounts Officer.

Date:

*Orders of the sanctioning authority.

Signature

Date: Designation:

Advice memo regarding leave issued on..........................

*If the applicant is drawing any Compensatory Allowance, the sanctioning authority should state whether on the expiry of the leave he is likely to return to the same post or to another post carrying a similar allowance.

(The same form may be used by all groups of railway servants. Items not applicable may be scored off).

ANNEXURE II

[See Rule 530(3)(a)(b)]

Bond for temporary Railway servants granted extraordinary leave for study

KNOW ALL MEN BY THESE PRESENTS THAT WE.............................................................

resident of ............... in the district of ...........................at present employed as ............................

In the Ministry/Office of...................................(hereinafter called “the Obligor”) and Shri/Shrimati/Kumari ............................................son/daughter of .................of.........................

and Shri/Shrimati/Kumari.............................................son/daughter of ..................of................

(hereinafter called “the sureties”), do hereby jointly and severally bind ourselves and our respective heirs, executors and administrators, to pay to the President of India, his successors and assigns (hereinafter called the “Government”) on demand the sum of Rs............................... (Rupees....................................) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans or, if the payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER with all costs between attorney and client and all charges and expenses that shall or may have been incurred by the Government.

WHEREAS the Government has, at the request of the above-bounden Shri/Shrimati/Kumari ...............................employed as a......................., granted him/her regular leave, followed by extraordinary leave without pay and allowances, for a period of........................months ......................days with effect from.................................. in order to enable him/her to study at....................................AND WHEREAS the Government has appointed/will have to appoint a substitute to perform the duties of ..........................during the period of absence of Shri/Shrimati/Kumari..............................................................on extraordinary leave:

AND WHEREAS for the better protection of the Government, the obligor has agreed to execute this bond with two sureties with such condition as hereunder written:

AND WHEREAS the said sureties have agreed to execute this bond as sureties on behalf of the bounden.................................

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of the above bounden, Shri/Shrimati/Kumari.................failing to rejoin on the expiry of the period of extraordinary leave, the post originally held by him/her and service the Government after rejoining for such period not exceeding a period of .................... years as the Government may require or refusing to serve the Government in any other capacity as may be required by the Government on a salary to which he/she would be entitled under these rules, the said Shri/Shrimati/Kumari..........................or his/her heirs, executors and administrators shall forthwith pay to the Government on demand the said sum of Rs........................together with interest thereon from the date of demand at Government rates for the time being in force on Government loans.

AND upon the obligor Shri/Shrimati/Kumari.................................and, or Shri/Shrimati/Kumari .......................... and, or Shri/Shrimati/Kumari................................. the sureties aforesaid making such payment the above written obligation shall be void and of no effect, otherwise it shall be and remain in force and virtue:

PROVIDED always that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted or by any forbearance, act or omission of the Government or any person authorised by them (whether with or without the consent of knowledge of the sureties ) nor shall it be necessary for the Government to sue the obligor before sueing the sureties Shri/Shrimati/Kumari………………………..……….…………………..and Shri/Shrimati/Kumari…………………………………..……………..……………..or any of them for amounts due hereunder.

The bond shall in all respepcts be governe3d by the laws of India for the time being in force and the rights and liabilities hereunder shall where necessary be accordingly determined by the appropriate Courts in India.

The Government aof India have agreed to bear the stamp duty payable on this bond.

Signed and daterd this……………………………….day of………………………………………..

One thousand nine hundered and………………………………………………………………..

Signed and delivered by the obligor above-

namedshri/Shrimati/Kumari………………

.in the presence of

Witnesses 1.                               2.

Signed and delivered by the surety above-named

Shri/Shrimati/Kumari…………………………… in the presence of

Witnesses 1.                               2.

Signed and delivered by the surety above-named

Shri/Shrimati/Kumari…………………………

In the presence of

Witnesses 1.                                            2.

Accepted

For and on behalf of the President of India

ANNEXURE III

Medical Certificate for non-gazetted officers recommended leave or extension of leave or Commutation of leave

Signature of Government 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.

Authorised Medical Attendant

......................... Hospital/Dispensary

Date..................................... or other Registered Medical Practitioner.

* * *