Jammu and Kashmir Civil Service Leave Rules, 1979
Jammu and Kashmir Civil Service Leave Rules, 1979
Jammu and Kashmir Civil Service Leave Rules, 1979
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.
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Leave Account of Mr. ABC
Date of Appointment: 11-04-1980
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.
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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.
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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
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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.
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
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
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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.
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
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:-
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.
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?
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.
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.
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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.
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produce the tickets, within 10 days of the drawal of advance irrespective
of the date of commencement of journey.
What are the rules for adjustment / reimbursement of claim under LTC?
Rule-14
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How are Fraudulent claims of Leave Travel Concession dealt? Rule 15.
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,
OR
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
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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