Jammu and Kashmir Civil Service Leave Rules, 1979

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THE JAMMU AND KASHMIR CIVIL SERVICES (LEAVE) RULES, 1979

The Leave rules can be summarized under following chapters:


 Preliminary
 General condition
 Grant and return from leave
 Kinds of Leave Due and Admissible
 Special Kind of Leave
 Miscellaneous
 Study Leave

Preliminary:
 Leave is a provision to stay away from work for genuine reasons with
prior approval of the authorities.
 It may be granted for a casual purpose or a planned activity on medical
grounds or in extra-ordinary condition.
 Leave rules are contained in Part-III J&K CSR.

General Conditions Governing The Grant of Leave:


 Leaves cannot be claimed absolutely as a matter of right.
 Any kind of leave can be granted in combination with or in continuation
of any kind of leave subject to certain provision in these rules except
casual leave which is not a recognized leave.
 No Govt. employee shall be granted leave of any kind for a continuous
period exceeding 5 years except exceptional circumstances.
 No leave of any kind can be granted to a Govt. servant under suspension.

Grant and Return from Leave.


 Application for leave
 Leave Account
 Verification of Title to leave
 Commencement and Termination of Leave
 Combination of Holidays with leave
 Recall to duty before expiry of Leave
 Return from leave
 Absence after expiry of Leave.

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Leave Account of Mr. ABC
Date of Appointment: 11-04-1980

S.No Period Of Service Leaves Leaves Balance


Earned Availed
01. 11-04-1980 to 30-06- 05 days @ 2 Nil 05 Days
1980 ½ per month
02 11-07-1980 to 31-12- 15 Days Nil 20 Days
1980
03 01-01-1981 to 30-06- 15 days Nil 35 Days
1981
04 01-07-1981 to 31-12- 15 Days 10 Days 40 Days
1981

Basic/ Due Leaves


It comprises of the following leave types:
 Casual leave
 Earned leave
 Half pay leave
 Commuted leave
 Leave not due
 Leave preparatory to retirement

Casual Leave
 Casual leave may be granted to all Govt. servants who are on the
permanent establishment or not, by the immediate Head of the office.
 It is concerned for a short period not exceeding 15 days in a year in
aggregate
 Holidays are not counted in casual leave.
 The amount of Casual Leave sanctioned at one time should be exceed 10
days and in combination with holidays the total period of absence should
not exceed 12 days.

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Earned Leave
 A Govt. servant who is serving in a Department other than Vacation
Department shall be entitled to 30 days earned leave in a calendar year.
 The leave account or every Govt. Servant shall be credited at the
commencement of each colander half year at a uniform rate 15 days each
on the 1st January and July every year.
 The maximum amount of earned leave to be granted at a time not exceed
120 days.
 The leave at the credit of a Govt. servant shall not exceed 300 days at
time ((Rule 26 (b) (i)).
 Upto 31-12-1987, it was 180 days.
 W.e.f 01-01-1988 to 30-06-1997, it was 240 days.
 W.e.f 01-01-1997, it is 300 days.
 A Govt. servant may be paid cash equivalent of leave salary in respect of
Earned leave at his credit at the time of retirement.

Earned Leave Account of Mr. ABC


Date of Appointment: 11-04-1980

S.No Period of Service Leave Earned Leave Availed Balance


01 01-01-2018 to 30-06- 15 days Nil 285 days
2016
02 01-07-2018 to 31-12- 15 Days Nil 300 Days
2018
03 01-01-2019 to 30-06- 15 days Nil 300 Days
2019
04 01-07-2019 to 31-12- 15 Days 25 Days 290 Days
2019
05 01-01-2020 to 30-06- 15 days Nil 300 days
2020
01 01-07-2020 to 31-12- 15 Days Nil 300 days
2020

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Half Pay Leave
 A Govt servant is entitled to Half Pay leave of 20 days in respect of each
completed year of service (Rule 28)
 Maximum amount of leave at the credit of employee shall not exceed 2
years and cannot be granted for more than 90 days in one spell.

Commuted Leave
 Half Pay leave taken on Medical Grounds is commuted leave.
 Commuted leave i.e Half pay leave on full pay not exceeding the amount
of half pay leave due can be granted on Medical Certificate.
 Half pay leave up to maximum 180 days can also be commuted during
entire service without medical certificate for an approval course of study
when study leave applied for by him is refused.

Leave not due


 It is admissible to only permanent Govt Servants.
 Maximum amount of Leave Not Due is admissible upto 360 days out of
which not more than 90 days at a time and 180 days in all may be
allowed otherwise than on Medical Certificate.
 It is debited to Half Pay leave Account of Govt. which he may earn
subsequently.

Leave Preparatory ro Retirement


 A Govt. servant may be permitted by the competent authority to take
leave preparatory to retirement to the extent of earned leave due.
 Should not be exceeding 300 days, subject to the condition that such
leave extends upto and includes the day preceding the date of retirement.

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Special Kind of Leaves
It comprise of the following leave types:
 Special Casual Leave
 Maternity Leave
 Paternity Leave
 Extraordinary Leave
 Quarantine Leave
 Special Disability Leave

Special Casual Leave

 For attending education and technical conferences 30 days


 For taking part in sports activity as a State/National 10 days
Representative
 For taking part in programmes organized by the 30 days
Academy of Art, Culture and Languafes
 For IUCD Insertion (Temporary Family planning 1 day
operation of female employee)
 For Vasectomy (Family planning operation of male 14 days
employee)
 Tubectomy (Female planning operation of female 6 days
employee)
 To a male Govt. servant for attending to his wife who has 7 days
undergone Tubectomy Family planning operation on
production of medical certificate
 To a lady officer for re-canilization operation of family 21 days or
planning operation actual
hospitalization
period,
whichever is
less

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Maternity Leave
 Admissible to a Govt. servant for two surviving children upto 180 days
(w.e.f 11-07-2012) see SRO-353 of 2015 dated 6th October 2015
 Maternity leave can also be granted up to six weeks/ 42 days in the case
of abortion for miscarriage on production of medical certificate without
any limit on abortion/miscarriage.
 Govt. of J&K has recently introduced Child Care Leave Vide SRO 232 of
2015 dated: 22-07-2015 wherein a maximum period of 730 days Child
care leave can be granted to a female employee during her service for
taking care of her two eldest children whether for rearing, education etc.,
the upper age limit in case of normal children is 18 years and in case of
physically challenged children the upper age limit is 21 years.

Paternity Leave
 A male Govt. servant may be granted Paternity leave for a period of 15
days during the period of confinement of his wife.

Note: the Maternity leave, Paternity leave and Abortion Leave is not debited
to leave account and are granted on full pay.

Extra Ordinary Leave


 When no kind of leave is admissible!
 When other kind of leave is admissible but the Govt. servant applies in
writing for extra ordinary leave without allowance!
 No salary is admissible under this type of leave and it is allowed for
a) 3 months without medical certificate or less than 1 year of service
b) 6 months with medical certificate or more than 1 year of service.
c) 18 months for Life consuming disease.
d) 24 moths for pursuing higher studies in public intrest.

Quarantine Leave
 When the attendance of a Govt employee at his place of duty, residence
or sojourn, is considered hazardous to the health of other Govt. servants,
such an employee may be granted Quarantine leave not exceeding 21
days or in exceptional circumstances by 30 days.
 Any other leave can be granted in continuation of quarantine leave when
the disease does not get controlled.
 Quarantine leave is as good as duty and no substitute can be appointed
for such leave arrangement.
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Special Disability Leave
 It is granted to a Govt. servant who is disabled by injury intentionally
inflicted or caused in or in consequences of his official position.
 It shall not be granted unless the disability manifested itself within three
months of the occurrence to which it is attributed.
 The period of leave granted shall be such as certified by the Medical
Board as necessary and no case more than 2 years.
 For the first 120 days of any period of such leave Govt. servant will get
Leave salary equal to earned leave salary during half pay leave.

Study Leave
 The study leave is granted to the Govt. servant for higher studies within
or outside the country if such a study has direct or close connection with
his duties in the intrest of public services and even if ther is no direct
connection of his profession with the course of study/ training, but it has
the capacity of increasing his efficiency as a civil servant.
 It is granted ordinarily for 12 months at any one time but only 24 months
during entire service which has been enhanced to “thirty six months”
vide SRO No. 346-F dated 17-10-2012.
 Study Leave Cannot be granted in the following cases:
 When the Govt. servant has not completed 05 years of service.
 When the Govt. servant is going to retire within next three years.
 When there are sufficient (number of) officers already trained.
 When training is available in India and he wants to go abroad.
Further, the Ministry of Finance, GOI does not give clearance in
respect of foreign exchange.
 Study Allowances:
 Permissible only to the Govt. employee who has been granted leave
to study outside India.
 Pay and Allowance:
 In case of study leave, earlier no pay and allowances were
admissible. However as per SRO 274 dated 30th May 2013 which
reads as “During study leave availed outside or within India, a Govt.
servant shall draw leave salary equal to pay without Allowances
other than Dearness Allowances”
 The authority to grant study leaves Administrative Department
concerned.

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Jammu and Kashmir Civil Services (Medical Attendance and
Allowance) Rules 1990

SRO-203 Dated: 14th June 1990.

These rules shall apply to:


 All state Govt. servants who are whole time employees working in
permanent or quasi-permanent/temporary capacity.
 Govt. servant under suspension or on leave.
 Such other categories notified from time to time.

These rules shall not apply to:


 Govt. servants who already avail medical aid facility under any other
scheme.
 Personnel of J&K Militia.
 Govt. servants in part time employment.
 Persons engaged on contract.
 Persons engaged on work charged establishment.
 Govt. servants paid out of contingencies.

Important Definitions:

Beneficiary:
Every Govt. servant and members of his family to whom these rules
apply.

Family:
Means wife or husband, children including adopted children, step
children and parents (and minor brothers and minor sisters) living with the
Govt. servant and wholly dependent upon him.

Note:
 “Parents” included only such parents whose monthly income does not
exceed Rs. 5,000/- and the income certificate in this regard shall be
issued by a revenue officer, being not below the rank of Tehsildar.
 Income limit of Rs. 5,000/- was substituted vide SRO-308 dated 10-10-
2011, which earlier was Rs. 2,500/- as per SRO 256 dated 07-08-1996.

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Unless these Rules, eligible Govt. servants can avail treatment either
within the State (UT) or outside the state (UT)
A. Medical Attendance within the state:
 Every Govt. servant shall be allowed reimbursement of the amount, if any,
charged by the Hospital authorities, including cost of drugs purchased
from the market during the period of hospitalization in Govt. Hospitals
within the state, of the employee himself or any member of his family,
wholly dependent on him.
 Reimbursement of expenses shall also be allowed in respect of
hospitalization in Non-Govt. hospitals within the state provided the
following conditions:
a) Principal Govt. Medical College or Principal SKIMS College or Director
Health services should recommend that the treatment is not available
in Govt. Hospitals or Institute of the state.
b) If the afore-named medical authorities are of the opinion that
regardless of the availability of the treatment in a Govt. Hospitals with
the state, the nature of the surgery is such as would require
sophisticated theatre and a congenial surgical atmosphere for the
prevention of infection and can be had in private hospitals within the
state.
c) If a Govt. servant or a beneficiary during hospitalization in any Govt.
hospital within the state has to undergo replacement of a diseased
Heart Valve or fitting of heart pace maker, hearing aid appliances etc,
the reimbursement of the cost of appliances shall be admissible as a
part of hospitalization expenses.
d) If a Govt. servant or any member of his family suffering from a disease
which is certified by the aforementioned competent medical
authorities, i.e DHS/DSKIMS/PGMC/PSKIMSC, “as Life Consuming”
and needs followup, he/she is entitled for the reimbursement of the
treatment of the said disease even outside the hospital/institute.
e) The Govt. (Adm. Deptt concerned) may sanction an advance not
exceeding 75% of the estimated amount of expenses to a Govt. servant
for treatment of any terminal or Life consuming disease on the
certificate and recommendation of Director Health services or Director
SKIMS or Principal GMC as the case may be.
f) The cost of vaccines to be used fro treatment of Dog bites, shall be
reimbursed on the recommendations of CMO or Medical
Superintendent of Govt. hospital on whose advice the injection have
been administered.

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B. Medical Attendance/ Treatment outside the state:
 Treatment outside the state may be authorized in respect of a beneficiary
by the Adm. Department concerned on production of a certificate on
prescribed Performa, by Head of concerned specialty not below the rank
of Associate Professor, and the recommendations/references of HoD of
specialty for treatment outside the state should be countersigned by
Principal GMC or Director SKIMS or Director Health Services, as the case
may be.
Reimbursement of expenses incurred on treatment outside the state may be
reimbursed as under:
 Actual expenses incurred on Road/Railway fare of the patient and
Attendant (up to One), if any, accompanying him, by the class of which he
is entitled for journey on tour.
 Air fare of the patient, only if, in case of an ailment of a serious nature
and the same should be justified by PGMC or DHS that patient cannot
travel by road or rail and fare of one Attendant will be reimbursable on
road/ rail basis.
 Charges including cost of blood and blood transfusion, if any, levied by
hospital.
 Operational charges paid to Hospital
 Consultation fee, if any, paid under hospital rules.
 Cost of medicines purchased from market on the advice of hospital
authorities.
 Cost of hearing aid and artificial limbs fitted on the advice of hospital
authorities.
 Cost of Heart Pace Maker, replacement of diseased heart Valve, wherever
recommended by competent Medical authority, i.e PGMC, SKIMS College
or Director SKIMS or HoD of concerned Hospital/Institute.
 Where the beneficiary resides temporary outside the state and falls ill
threat suddenly and is advised admission in a hospital, he/she will be
allowed reimbursement or hospital charges including cost of drugs and
other investigation charges, on production of necessary vouchers and
certificates, provided only if recommended by Director Health Services of
state, after being satisfied that the beneficiary had fallen suddenly ill
outside the state where he/she resided and wasn’t suffering with any
such ailment prior to his departure from his hometown.
 The Director Health services will certify that drugs and services charged
are reasonable and beneficiary could not wait for treatment in his home
town.
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 The reimbursement shall be made only on production of vouchers duly
verified/countersigned by the concerned medical authorities of the
hospital/Institute.
 The medical reimbursement claim of the Govt. servants posted outside
the state shall be strictly dealt under the Rules prescribed for “Treatment
outside the state”.
 A competent authorities may sanction an advance (upto 75% of the total
cost) to a Govt. servant for treatment outside the state subject to the
condition laid down in Rules 14.29(A) of financial code Vol-1

Reimbursement to Legal Heirs


 In case where the death of the Govt. servant or any beneficiary occurs
prior to the reimbursement of medical expenses, the legal heir(s) shall be
entitled to the reimbursement of the medical claim.
 In case where the claim has not been processed and in the mean time
beneficiary expires, legal heri(s) shall have a right to raise the claim and
seek reimbursement of admissible amount of the claim within a period of
06 months from the date of death of the beneficiary (Rule 6-B)

Time frame for submission of medical reimbursement claims


 The normal medical claims shall be preferred with within a period of 01
year of treatment, otherwise they become time barred and does not
merit consideration.
 However, under exceptional circumstances, the time barred claims can
be considered only after approval from competent authority, i.e Adm
Deptt concerned or GAD, in accordance with the Arrear Claim rules
mentioned in Financial Code Vol 1 (Rule 295,296 and 297)

(Note: For further clarification, refer to Finance Departments recent


circular issued under No. A/23(08)-I-B-184 dated 18-02-2021.)

Documents for submission of Medical Reimbursement claim


 Medical reimbursement application on prescribed proforma (FormNo.-1)
 Essentiality certificate (Form No-2)
 Checklist issued as Annexure to Finance Department’s circular No.
A/16(2008)-I-502 dated: 15-07-2019
 Prescription chart/Discharge certificate (for hospitalization)
 Life consuming certificate (in case follow up)
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 Vouchers to be claimed, duly signed by concerned medical authorities.
 Vouchers of medicines purchased from open market shall bear “non-
availability” certificate of sales counter of concerned hospitals.
 Genuineness certificate, from DDO concerned (optional)

Routing of medical reimbursement claims and competence to sanction


 All the medical claims shall be submitted to concerned DDO who shall
forward the same to HoD through proper channel.
 Competent authority to sanction routine/normal medical claims, i.e
submitted within stipulated time period, is “head of the Department’
concerned.
 Sub-ordinate controlling officers or DDOs cannot sanction/draw the
same on their own.

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Jammu and Kashmir Civil Services (Leave Travel Concession ) Rules, 2019

 Jammu and Kashmir Civil Services (Leave Travel Concession) Rules, 2019
were introduced in the UT of Jammu and Kashmir vide SO No. 22 dated
3rd December, 2019.
 These rules were deemed to have come into force with effect from 31-10-
2019.

Define the following terms in relation to LTC Rules 2019

1. “A Place in India” means any place within the territory of India, whether
it is in the main-land India or overseas;
2. “Block of Years” means a block of two calendar year for LTC to home
town and a block of four calendar years for LTC to any place in India;
3. “Controlling officer” for purpose of these rules means the authority
prescribed for countersigning. T.A bills, as under:
i) For Non-Gazetted Govt. Gazetted Officer in charge of servant the
establishment to which the Govt. servant belongs.
ii) For Gazetted officer Next higher Administrative Officer.
4. “Sanctioning Authority” for purpose of these rules means the authority
competent to sanction Leave Travel Concession to the Govt. employees,
which shall be as under:
i) For Non-Gazetted officer Head of the Department concerned or
Administrative Secretary to Govt. of the concerned department in
the case of Secretariat employees.
ii) For Gazetted officers Govt. in the Administrative Department.
5. “Disciplinary Authority” means an authority which is empowered to
impose penalties to Govt. Servants in terms of Rule 30 of Jammu and
Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.
6. “Hometown” means the town, village or any other place declared as
such by the Govt. servant and accepted by the controlling officer;
Explanation:- the criteria mentioned below may be applied to determine
whether the Govt. servant’s declaration may be accepted-

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i) Whether the place declared by Govt. servant is one which requires
his physical presence at intervals for discharging various domestic
social obligations.
ii) Whether the Govt. servant owns residential property in that place.
iii) Whether his near relations are resident at that place.
7. “Shortest direct route” shall have the same meaning as given in Article
306 (a), (b) and (c) of Jammu and Kashmir Civil Service Regulations,
1956.
As per Article 306 of JK CSR:
a) For this purpose, a journey between two stations shall be held to be
performed by the shortest of two or more practicable routes or by the
cheapest of such routes as may be equally short.
b) The shortest route is that by which the traveler can most speedily
reach his destination by the ordinary modes of travelling.
c) If an officer travels by a route which is not the shortes, but which is
cheaper that the shortest, his traveling allowance is calculated by the
route by which he makes the journey.
8. “LTC” means Leave Travel Concession

Define “Family” in terms of LTC 2019. How is to be declaration of family


made by an employee?

Family in terms of LTC means:

i) The Govt. servant’s wife of husband, as the case may be, and two
surviving unmarried children or step children wholly dependent on
the Govt. servant, irrespective of whether they are residing with the
Govt. servant or not.
ii) Married daughters, who have been divorced, abandoned or separated
from their husbands and widowed daughters as are residing with the
Govt. servant and are wholly dependent on the Govt. servant.
iii) Parents and/or step parents residing with and wholly dependent on
the Govt servant.
iv) Unmarried minor brothers as well as unmarried, divorced,
abandoned, separated from their husbands or widowed sisters,
residing with and wholly dependent on the Govt. servant, provided
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their parents are either not alive or are themselves wholly dependent
on the Government servants.
Explanation: A member of the family whose income from all sources
including pension, temporary increase in pension but excluding
dearness relief on pension or stipend etc. does not exceed Rs. 9000
per month is deemed to be wholly dependent on the Govt. servant.

Declaration of Family:-

 Every Govt. servant shall declare his/her family at the beginning of a


block of years in Form 1 appended to these rules.
 This declaration duly certified by a Gazetted Officer, in case of Non-
Gazetted employee, shall be registered with the Head of the office.
 The head of the office shall paste the declaration with the service book of
the employee and make use of it at the time when application for LTC is
made by the employee.
 On the occurrence of any change in the, family strength, the employee
shall make a fresh declaration in the prescribed manner.

What is the scope of Leave Travel Concession Rules 2019 i.e to whom
these rules are applicable and which categories of employee are not
eligible under these rules?

The LTC rules shall apply to the persons appointed to the Civil servies and
posts in connection with the affairs of the Union Territory of Jammu and
Kashmir and shall cover the Govt. servant himself/herself and his/her family.

However, these rules shall not apply to the-

i) Persons not in whole time employment.


ii) Persons in casual and daily rated employment.
iii) Persons paid form contingencies.
iv) Persons in work charged establishment.
v) Persons employed on contract except when the terms of contract
provide otherwise.
vi) Persons re-employed after retirement except when the terms and
conditions of re-employment provide otherwise. And
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vii) Persons eligible to any other for of travel concession available during
leave or otherwise.

Give the admissibility of LTC

 The LTC shall be admissible to a Govt. servant specified in the rules and
his/her family, if the Govt. servant has completed five years continuous
regular service under the Govt. on the date of application to be made in
Form-2 provided that an employee completing five years continuous
regular service during the course of block of years shall be eligible to
avail the LTC during the remaining period of same block.
 The concession shall be admissible during any period of the leave
including casual leave.
 The concession shall be admissible when a Govt. servant undertakes
journey during the weekend holidays or any other period of holidays
alone without any leave.
 The concession shall not be admissible to a Govt. servant who proceeds
on regular leave and then resigns his post without returning to duty.
 Govt. servant serving in the Vacation Department and entitled to enjoy
regular vacation can avail LTC during vacation period.
 The concession shall not be admissible to a Govt. servant (including
his/her family) during the period of suspension.
 In the case of husband and wife, who are both Govt servants, he or she
can avail of the Leave Travel Concession as a family member of his or her
spouse.
 Govt. servant(s) on deputation/foreign service shall be entitled to LTC
under these rules. The Expenditure on LTC in such cases shall be paid by
the borrowing agency subject to its sanction by Administrative
Department to which the employee(s) belongs.

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How and when is the place of visit declared by the Govt. servant? Can
declared place be changed?

 When the LTC to visit any place in India is proposed to be availed of by a


Govt. servant, the intended place of visit shall be declared by the Govt
servant in advance in Form 2.
 The declared place of visit may be changed before the commencement of
the journey with the approval of the authority competent to sanction LTC
in exceptional circumstances.
 The family shall be allowed to avail the facility in one go and not in
batches.
 Where both the husband and the wife are Govt. employees, the facility
shall be availed only once during a block of years.

Define the types of Leave Travel Concession

There are two types of Leave Travel Concession viz

i) The Leave Travel Concession to hometown shall be admissible


irrespective of the distance between the headquarters of the govt.
servant and his hometown, once in a block of two calendar years
commencing with 2020-2021.
ii) The Leave Travel Concession to any place in India shall be admissible
irrespective of the distance of the place of visit from the headquarters
of the Govt. servant, once in a block of four calendar years,
commencing with 2020-23

How is LTC counted as well as Carried Over against a particular Block?

The concession of LTC availed will be counted against the block within which
the outward journey commenced even if the return journey is performed after
the expiry of the block. i.e for a 4 year block (2020-23), if an employee
proceeds on journey in 2023 and return date falls in 2024, it will be considered
block 2020-23 irrespective of the return date.

As far as Carry over of LTC concerned, a Govt. servant who is unable to avail of
the Leave Travel Concession within a particular block of two years or four

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years, as the case may be, may avail of the same within the first year of the next
block of two years of four years.

If a Govt. servant is entitled to LTC to hometown, he/she can carry forward the
leave travel concession to any place in India for a block of four years only if
he/she has carried forward the leave travel concession to home town in
respect of the second block of two years within the block of four years.

Give the entitlement of Reimbursement Under LTC 2019.

 Travel entitlement of Govt. servants for the purpose of LTC shall be as per
the Travelling Allowance Rules laid down in J&K Civil Service Regulations
as amended from time to time;
 No daily allowance shall be admissible for travel on LTC.
 Any incidental expenses and the expenditure incurred on local journeys
shall not be admissible.
 If a Govt. servant travels by a class higher that to which he/she is
entitled, reimbursement will be restricted to the rate of entitled class.
 If he/she travels by a lower class, the reimbursement will be as per the
class travelled/fare actually paid.

What are the limitations on admissibility of LTC Charges? Rule 11

 Reimbursement for expenses of journey shall be allowed only on the


basis of a point to point journey or against booked ticket(s) over the
shortest direct route.
 Reimbursement of rail fare by chartered rail coaches and air fare, if any
paid because of temporary dislocation of surface transport, shall be
restricted to the amount admissible by entitled class.
 LTC is not admissible for journeys performed in a private car (owned,
borrowed or hired) or chartered bus, van or other vehicle owned or
operated by private operators. However, LTC shall be admissible for
journeys conducted by tourism Development Corporation, State
Transport Corporations and Transport Services run by central or other
Govt. or local bodies. In such cases, the Govt. servant will be entitled to
reimbursement of-

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i. The actual hire charges on the chartered vehicle or
ii. The amount reimbursement had the journey to the declared place
of visit been performed by the entitled class of rail by the shortest
direct route, whichever is less.
iii. In case there is no public transport available in a particular stretch
of the journey, reimbursement will be made as per his entitlement
on transfer for a maximum limit of 100 kms by private/personnel
transport based on self-certification. Furnishing of false certificate
will attract disciplinary action.
iv. The travel by road to any place outside J&K shall not be admissible
except between stations not connected by rail.
v. Telegram charges for reservation of railway berths are
inadmissible.

How is LTC advance granted to Govt servant and what are the rules for its
adjustment? Rule-12.

 (1) a. Advance may be granted to Govt. servants by the authorities


competent to sanction Leave Travel Concession to enable them to avail
themselves of concession for leave travel to any place in India. The
application for grant of LTC advances shall be made in Form 2.
The amount of such advance in each case shall be limited to 90% of the
estimated amount which govt. would have to reimburse in respect of the
cost of the journey both ways.
b. Sanction for availing of LTC and grant of advance therefore shall be
issued by the competent authority in Form 5
 (2) Advances may be drawn both for the forward and return journeys at
the time of commencement of the forward journey provided the period
of leave taken by the Govt. servant does not exceed 90 days. If this limit is
exceeded then the advance may be drawn for outward journey only.
 The advance shall be refunded in full if the outward journey is not
commenced within thirty days of the receipt of advance. However, in case
where reservations are made 60 days before the proposed date of
outward journey and advance is made accordingly, the Govt. servant shall

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produce the tickets, within 10 days of the drawal of advance irrespective
of the date of commencement of journey.

Can a Govt. servant encash earned leave while proceeding on LTC?


Rule-13.

 Yes, an employee may be permitted to encash maximum of 10 days


Earned Leave at the time of availing of Leave Travel Concession
without any linkage to the number of days and the nature of leave
availed while proceeding on LTC.
 This is limited to a maximum of 60 days during the entire career and
the total number of days so encashed will not be counted for
computing maximum quantum of leave encashable at the time of
quitting service.

What are the rules for adjustment / reimbursement of claim under LTC?
Rule-14

 A claim for adjustment /reimbursement of expenditure incurred on


journey under Leave Travel Concession shall be submitted in Form 3
supported by original tickets/payment vouchers.
 Where an advance has been drawn by a Govt. servant, the claim for
reimbursement of the expenditure incurred on the journey shall be
submitted within one month of the completion of the return journey.
 On a Govt. servant’s failure to do so, he/she shall be required to refund
the entire amount of advance forthwith in lump sum.
 No request for recovery of advance in instalments shall be entertained.
 Where no advance has been drawn, the claim shall be submitted within
three months after the completion of the return journey. Failure to do
son will entail forfeiture of the claim and no relaxation shall ordinarily be
permissible.
 A simple interest at 20% per annum or at the rate notified by the Govt.
from time to time will be charged if the conditions laid down in the
sanction issued by the competent authority are not complied with
and/or the rules are violated.

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How are Fraudulent claims of Leave Travel Concession dealt? Rule 15.

 If a disciplinary proceeding against a Govt. servant has already been


initiated or is proposed to be initiated on the charges of preferring a
fraudulent claim of Leave Travel Concession, such Govt. servant shall not
be allowed the LTC for subsequent blocks till the finalization of the
disciplinary proceedings.
 If the disciplinary proceedings result in imposition of any of the penalties
specified in rule 30 of the Jammu and Kashmir Civil Service
(Classification, Control and Appeal) Rules, 1956 the Govt. servant shall
not be allowed to avail the LTC in the subsequent block(s) in addition to
the one already withheld during the pendency of disciplinary
proceedings.
 If the Govt. servant is fully exonerated of the charge of fraudulent claim of
LTC, he/she shall be allowed to avail of the concession withheld earlier as
additional set in future block(s) of years but before the normal date of
his/her superannuation.

What is Responsibility of Drawing and Disbursing Officer/Controlling


Officer under LTC? Rule 16.

In case of Advance LTC,

 The advance for LTC shall be drawn and disbursed to a Govt. servant
subject to the following conditions:
a. The LTC and the advance has been sanctioned by the competent
authority as prescribed under LTC rules.
b. Immediately after drawal of an advance, and entry shall be made in
the service book of the concerned Govt. as under:
“shri _________________ has been allowed to avail of LTC for the block
__________________ vide Order No. __________________ dated _______________
issued by __________________and an amount of Rs._______________has been
drawn vide C.V./T.V No. _____________dated _________________ and paid to
him/her for the purpose.
c. The bill for drawal of an advance shall e accompanied by the order
sanctioning the LTC and the advance.
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In case of reimbursement & adjustment,

 At the time of adjustment/reimbursement of LTC claims inter alia, the


following formalities shall be observed:
a) The Controlling officer, as prescribed in these rules, shall examine the
genuineness of the claim by verifying the original Air Ticket
(including boarding cards)/ Rail/Road tickets etc before
countersigning the final claim.
b) After the final adjustment, an entry shall be made in the Service Book
of the Govt. servant as under:
“The advance of Rs. ________drawn vide C.V/T.V No. ___________ dated
______________and paid to the official (refer page ___________________ of
Service Book) has been adjusted vide T.V No/Cash Vr. No.
________________ dated______________ and there is nothing outstanding on
this account against the official”.
c) On the bill through which the adjustment is made, a certificate shall
be recorded that the prescribed entries have been made in the service
book of the official.
 Drawing and Disbursing officers/Controlling officers shall be personally
responsible for deviation or violation of any provision contained in these
rules.

How is the expenditure on Leave Travel Concession accounted?

OR

Under which head, LTC expenditure is to be debitable? Rule 17

The Expenditure on account of LTC will be debitable on the detailed head “LTC”
under the relevant Minor/Major Head of Account.

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What are the general rules regarding LTC? Rule 18

 The sanctioning authority shall allow only such number of employees of


a particular establishment to avail of LTC in a year of a relevant block as
can be accommodated within the available budget under the detailed
head “LTC” for the relevant year.
 An employee who may not have been allowed to avail LTC in a block for
reasons not attributable to him/her may be given priority in availing the
concession in the next block.
 In order to have effective watch over the sanctions for LTC,
recovery/adjustment of LTC advance/claims, the Head of Officer shall
maintain a register of LTC claims, advances in Form 4.
 This register shall be reviewed monthly for analyzing the position of
outstanding advances paid up to the end of proceeding month of
recording orders in regard to the recovery/adjustment of outstanding
advances, where these are due for adjustment.
 In this register all outstanding advances shall be brought forward as
opening entries.
 A monthly statement of facts shall be submitted to the Controlling Officer
and Head of the Department.

If there is any doubt with regard to interpretation of LTC Rules, how is the same
clarified and who has the powers to relax these rules? Rule 19 & 20.

In case of any doubt regarding any of the provisions in these rules, the matter
shall be referred to the Govt. in the Finance Department for interpretation and
the decision thereof shall be final.

Further, in case it is felt with satisfaction that the operation of any of these
rules causes undue hardships in any case, the Govt. in the concerned
Administrative Department on being satisfied may be order, for reasons to be
recorded in writing, dispense with or relax the requirements for that rule to
such extent and subject to such conditions and exceptions as it may consider
necessary for dealing with the case in a just and equitable manner, provided
that no such relaxation shall be allowed without the concurrence of the
Finance Department.
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