• Leave during Notice Period in Central Government Department

Respected Sir, 
I am a Group A Central Govt employee currently on Probation. My Probationary period ends in November, 2016. I was selected to this department through Union Public Service  Commission. However, now I want to resign from my post and my appointment letter mentions a notice period of 1 month.
My questions are these: 
1.Can I avail Earned Leave during notice period of 1 month? 
2. Or, can I tender my resignation letter to the competent authority while availing EL? Will the balance period of sanctioned EL get terminated on the receipt of the letter by the competent authority?
3. If EL is not at all granted, can I avail Extraordinary Leave in lieu of EL for the above mentioned cases of points 1 and 2. 

Thanks and Regards, 
Asked 2 years ago in Civil Law from Haldwani, Uttarakhand

you cannot avail leave during your notice period 

2) Employers usually don’t allow employees to take annual leave during their notice period so as to ensure continuity of business and a smooth hand-over.

3) an employee cannot go on leave and subsequently quit.

3)  your leaves would lapse  upon the submission of resignation letter. 

4) if you resign you have to give one month notice as per terms of your appointment letter 
Ajay Sethi
Advocate, Mumbai
44284 Answers
2572 Consultations

5.0 on 5.0

As per the leave rules/regualtions:
Relevant provisions of CCS Leave Rules that covers eligibility for Earned Leave while in resignation notice period are Rule 9 (1) and Rule 39.
Rule 9 (1) CCS Leave Rules provides as follows
“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.”
It is very clear as per this Rule 9(1) of CCS Leave Rules that after resignation from government service, leave at credit ceases to exist from the date of resignation.
The ineligibility availing earned leave on resignation is further confirmed by Rule 39 (1d) to the extent that no leave can be granted by the authorties concerned when a central Government Emplyee applied for Earned leave beyond the date of resignation from Government Service.
However, Rule 39 (6) (ii) of CCS Leave Rules provides that if a Government Servant resigns or quits Government Service, he may be granted, suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave 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.
From the above rules it is clear that you can avail earned leave in lieu of the notice period if you have earned leave to your credit.
Your all the questions are answered accordingly as above.
T Kalaiselvan
Advocate, Vellore
34438 Answers
372 Consultations

5.0 on 5.0

Since you are in probation period, the earned leave cannot be adjusted against the notice period of 1 month. 
you should first tender your resignation to the competent authority. 
the earned leave will be encashed and paid out to you  by your employer at the time of your full and final settlement. 
Rajgopalan Sripathi
Advocate, Hyderabad
1265 Answers
154 Consultations

5.0 on 5.0

You as an employee cannot avail any leave during notice period. If you availed one, the no of days you are on leave will be added to notice period. Earned leaves can not be en-cashed or adjusted towards notice period unless there are specific directions in this regard in the appointment letter. The leave can be declined only in line with leave rules, and in writing.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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