The All India Services (Leave) Rules, 1955-Encashment of leave while in service by member of All India Services
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi, the 17.09.2009
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.
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)