The All India Services (Leave) Rules, 1955-Encashment of leave while in service by member of All India Services
No.11019/34/2003-AIS-III
Government of India
Ministry of
Personnel, Public Grievances and Pensions
Department of
Personnel and Training
New Delhi, the 17.09.2009
To
The Chief Secretaries of All States/Union Territories.
Subject:- The All India Services
(Leave) Rules, 1955 - Encasement of leave while in service by member of All
India Services.
Sir/Madam,
I am directed to refer to this
Department's letter of even number dated 19th January,2005 wherein it was
decided that members of the All India Services would not be entitled to the
benefit of encasement of leave under any of the rules of the State Government.
However, encasement of earned leave subject to the maximum of 300 days can be
allowed on retirement/death of the member of the Service under rule 20A of the
All India Services (Leave) Rules, 1955.
2. This Department has received a
number of requests from the State Governments for allowing encasement of leave
to the members of the All India Services working under them under the
provisions of the State Rules, which is otherwise applicable to employees of
that particular State Government.
3. It is hereby clarified that
the provision under rule 20A of the AIS(Leave) Rules, 1955 was inserted vide
Department of Personnel and Training's Notification NO.11019/6/97-AIS-III dated
3rd March, 1998 (made effective from 01.07.1997), wherein the maximum days for
encasement of earned leave was increased from 240 days to 300 days which can
only be allowed at the time of retirement/death of the member of the Service.
Apart from this, pursuant to the recommendation of the Sixth Central Pay
Commission, the Central Government officers are allowed to encase ten days
earned leave at the time of availing of Leave Travel Concession (LTC) to the
extent of sixty days during the entire career. The leave encased at the time of
LTC will not be deducted from the' maximum amount of earned leave cashable at
the time of retirement. It is further clarified that where both husband and
wife are Government servants, the present entitlement for availing LTC shall
remain unchanged, and encasement of leave equal to 10 days at the time of
availing of LTC will continue to be available to both, subject to a maximum of
sixty days each during the career. This provision has been made applicable to
the Aalii India Services Officers vide this Department's letter
NO.11022/2/2008-AIS(II) dated 7th October,2008.
4. There is no other provision
for encasement of earned leave while in service under the rules applicable to
the members of All India services. Therefore, members of the All India Services
are entitled for encasement, of earned leave for 10 days each subject to the
maximum of 60 days in the entire career; and a maximum of 300 days of earned
leave on retirement/death under rule 20A of the All India Services(Leave) Rules,
1955. No member of the Service should be allowed encasement of earned leave
during service, other than mentioned above, under any rule of the State
Government.
Yours faithfully, (Harjot
Kaur)
Director (Services)
Tel:No.23093591
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