Haryana Civil Services (Leave) Rules, 2016 – General Conditions

The Haryana Civil Services (Leave) Rules, 2016 outline the general conditions under which government employees are entitled to take leave. These rules ensure proper leave management while maintaining public service efficiency.

General Conditions

1. Leave Cannot Be Claimed as a Matter of Right

Government employees are not automatically entitled to leave. All leave requests must be approved by the competent authority, as per the applicable rules.

2. Prior Permission Required for Leave

Employees must seek prior permission from the competent authority before taking leave, except in exceptional circumstances where leave may be granted without prior approval.

3. Authority’s Discretion to Refuse, Revoke, or Recall Leave

In case of public service exigencies, the competent authority has the right to refuse, revoke, or recall leave granted, irrespective of the type of leave.

4. Nature of Leave Cannot Be Altered by the Sanctioning Authority

Once leave is due and applied for, the sanctioning authority cannot alter the nature of the leave. However, they can still refuse or revoke it.

5. Medical Certificate Does Not Guarantee Leave

The medical certificate issued by a healthcare professional does not automatically guarantee leave. The certificate must be submitted to the competent authority, and approval must be obtained before leave is granted.

6. Absence Without Permission Treated as Wilful Absence

Any unauthorized absence from duty will be treated as wilful absence, and the employee may face disciplinary action.

7. Mandatory Contact Information on Leave Application

Employees must include their contact number, email ID, and address when applying for leave. Any changes to this information must be communicated promptly.

8. No Leaving Headquarters Without Permission During Leave

Employees are not permitted to leave their designated headquarters during casual leave, holidays, or any other type of leave without prior approval from the competent authority.

Conversion of One Kind of Leave into Another – Key Rules

Employees may request the conversion of one type of leave into another, but only under certain conditions.

1. Request for Conversion of Leave

  • Employees must have the leave due to them on the day they wish to convert it.
  • The request for conversion must be made within 30 days of returning to duty after leave.

2. Adjustment of Leave Salary

When converting leave from one type to another:

  • Any excess leave salary paid will be recovered.
  • Arrears will be paid if due.

Notes:

  • No conversion after termination of service: Once an employee ceases to be in service, conversion of leave is not allowed.
  • Extraordinary leave: Leave treated as extraordinary leave due to wilful absence (Rule 40) cannot be converted into another type of leave.

Maximum Continuous Leave Duration

Maximum Duration

  • Employees cannot be granted leave for a continuous period exceeding five years unless exceptional circumstances exist, as determined by the competent authority.
  • Unauthorized absence exceeding five years will be treated as deemed resignation from service.

Effect of Dismissal, Removal, Resignation, or Retirement on Leave

  • Any claim to leave ceases upon dismissal, removal, termination, resignation, or retirement.
  • In cases of reinstatement following dismissal or removal, prior service may be counted for leave purposes.

Commencement and Expiry of Leave

  • Leave generally begins the day transfer of charge is effected and ends the day before charge is resumed.
  • If joining time is allowed for an employee returning from leave outside India, the last day of leave is the day of arrival in India.

Recall of a Government Employee While on Leave

If an employee is recalled to duty before the leave period ends, the recall is considered compulsory.

  • Entitlements:
    • Travel allowance for the journey.
    • Leave salary at the same rate as before the recall.
    • For employees on leave outside India:
      • Time spent on the voyage to India counts as duty.
      • Free passage to India.
      • Refund of passage costs if the employee hasn’t completed half of the leave.
      • Travel allowance from the landing point to the duty station.

Note: The recall order must be communicated to the employee at the address or contact details mentioned in their leave application.

Return to Duty Before Expiry of Leave

  • Prior Permission: Employees cannot return to duty before their leave expires without prior permission from the competent authority.
  • Retirement Preparatory Leave: Employees proceeding on leave preparatory to retirement cannot return to duty without the consent of the appointing authority.

Arrival Report on Return from Leave

  • Mandatory Report: Employees must submit a written arrival report to the relevant authority on returning from leave.
  • No Automatic Resumption: Employees are not automatically entitled to resume their previous position. They must report and await further instructions.

Overstayal of Leave and Wilful Absence

  • Wilful Absence: Employees who overstay their leave or abscond without permission will not receive leave salary for the period and will be considered as wilfully absent.
  • Disciplinary Action: Wilful absence may lead to disciplinary action under the Haryana Civil Services (Punishment and Appeal) Rules, 2016 and could result in forfeiture of past service for pension purposes.

Acceptance of Employment During Leave

Employees on leave cannot accept any other employment, including setting up a private practice (e.g., accountant, legal practitioner) without prior approval from the competent authority.

  • Exceptions: Casual literary work or service as an examiner is exempt from this rule.

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