DOPT ORDER 2013 : General entitlement of leave – FAQ

Establishment (Leave) Section

General entitlement of leave

S.No

Frequently Asked Questions

answer

of leave of any kind which can

be allowed to a Government

servant?

What is the impact if such

limit is exceeded?

leave of any kind for a continuous period of

5 years {Rule 12(1))

Normally, absence from duty, with or

without leave, for a continuous period

exceeding 5 years other than on foreign

service, implies that such Government

servant has deemed to have resigned from

Government service. {Rule 12(2))

entitlements of Govt. servants

serving in a vacation

Department?

which came into effect from 1.9.2008

regulates the grant of Earned Leave for

persons serving in the Vacation

Department. The said rule provides for as

follows:-

(1) (a) A Government servant(other than a

military officer) serving in a Vacation

Department shall not be entitled to any

earned leave in respect of duty performed in

any year in which he avails himself of the

full vacation.

(b) In respect of any year in which a

Government servant avails himself of a

portion of the vacation, he shall be entitled

to earned leave in such proportion of 30

days, as the number of days of vacation not

taken bears to the full vacation:

Provided that no such leave shall be

admissible to a Government servant not in

permanent employ or quasi-permanent

employ in respect of the first year of his

service.

(c) If, in any year, the Government servant

does not avail himself of any vacation,

earned leave shall be admissible to him in

respect of that year under rule 26.

• For the purpose of this rule, the term

`year’ shall be construed not as meaning a calendar year in which

duty is performed but as meaning

twelve months of actual duty in a

Vacation Department.

• A Government servant entitled to

vacation shall be considered to have

availed himself of a vacation or a

portion of a vacation unless he has

been required by general or special

order of a higher authority to forgo

such vacation or portion of a

vacation:

Provided that if he has been

prevented by such order from

enjoying more than fifteen days of

the vacation, he shall be considered

to have availed himself of no

portion of the vacation.

• When a Government servant serving

in a Vacation Department proceeds

on leave before completing a full

year of duty, the earned leave

admissible to him shall be calculated

not with reference to the vacations

which fall during the period of actual

duty rendered before proceeding on

leave but with reference to the

vacation that falls during the year

commencing from the date on which

he completed the previous year of

duty.

• As per Rule 29(1) the half pay leave

account of every Government

servant (other than a military officer

shall be credited with half pay leave

in advance, in two instalments of ten

days each on the first day of January

and July of every calendar year. This

is subject to conditions laid down in

OM No. 13013/2/2008-Estt.(L)

dated 11-11-2008.