GOVERNMENT
OF ANDHRA P RADESH
ABSTRACT
Leave
- Encashment of Leave on Half Pay at the time of retirement of Govt. Employees
- Orders - Issued.
FINANCE & PLANNING (FW. FR-I) DEPARTMENT
G.O.(Ms.).No.342
Dated:30-9-1994.
Read
the following: -
1. G.O.Ms.No. 46,
G.A. (Ser. Wei.) Dept., dt. 28-1-1994.
2. G.M.No.P.
14025/11/82-Esll (Leave) dt. 25-8-83 of Dept. of Personnel & Training,
Govt. of India.
3. O.M.No.
14020/1/90-Estt. (L), dt. 6-4-1993 of Dept. of Personnel & Training, Govt.
of India.
4. Recommendations
of High-Power Committee.
-
- -
ORDER
The
Joint Action Committee of Employees, Teachers and Workers of Andhra Pradesh
have represented, among others, that the Govt. of India have issued orders for encashing
the half pay leave at the time of retirement and the same benefit may be
extended to the State Government employees also.
2. In the Government
Order first read above, Government have constituted a High Power Committee of
Secretaries to Government under the Chairmanship of Sri A.V.S. Reddy, I.A.S.,
to examine and recommend on the various demands put forth by the employees. The
High-Power Committee, among others, recommended that the benefit of encashment
of leave on Half Pay on retirement as is applicable to the employees of the
Government of India, may be extended to the State Government employees also.
3. As per Rule 39(5)
of Central Civil Services (Leave) Rules 1972, a Government Servant who retires
on retiring pension may be granted cash equivalent of the leave salary in
respect of Earned Leave at his credit subject to a maximum of 240 days and also
in respect of all half pay leave at his credit provided that this period (E.L.
+ H.P.L) does not exceed the period between the date on which he so retires or
is retired from service and the date on which he would have retired on attaining
the age prescribed for retirement under the terms and conditions governing his
service. The cash equivalent shall be equal to the leave salary as
admissible for Earned Leave and / or equal to the leave salary as admissible
for half pay leave plus Dearness allowance admissible on the leave salary for
the first 240 days, at the rates in force on the date the Government Servant so
retires or is retired from service. The pension and pension equivalent of other
retirement benefits and adhoc relief / graded relief on Pension shall be
deducted from the leave salary paid for the period of half pay leave, if any,
for which the Cash equivalent is payable. The amount so calculated shall be
paid in one lumpsum as a onetime settlement. No House Rent Allowance or City
Compensatory Allowance shall be payable, provided
that if leave salary for the half pay leave component falls short or pension
and other pensionary benefits, cash equivalent or half pay leave shall not be granted.
4. As per Rule 39-8
of Central Civil Services (Leave) Rules 1972, a Government Servant who retires
or is retired on invalidation for further service may be granted cash
equivalent of leave salary in respect of leave due and admissible on the date
of the retirement on invalidation from service provided that the period of
leave for which he is granted cash equivalent does not extend beyond the date
on which he would have retired in the normal course after attaining the age of
superannuation. The cash equivalent payable shall be equal to the leave salary
as calculated under Rule 39(5) of the Central Civil Services (Leave) Rules.
1972.
5. There is no
provision in the Central Civil Services (Leave) Rules, 1972 for the payment of
cash equivalent of Half Pay Leave to the employees (i) in the case of Govt.
servants compulsorily retired as a measure of penalty, (ii) in the case of
Govt. Servant whose services are terminated by notice or by payment or pay and
allowances in lieu of such notice, (iii) in the case of a Govt. Servant who resigns
/ quits the service; and (iv) to a Govt. Servant who is re-employed after
retirement.
6. In the Office
Memorandum of Govt. of India second read above, it was ordered that the
encashment of Earned Leave due and admissible, subject to a maximum of 240
days, may be allowed to the Govt. Servants in cases or premature / voluntary
retirement or retirement on invalidation, even if this exceeds the period
between the date on which the officer retires and the date on which he would
have retired in the normal course on superannuation.
7. In the Office
Memorandum of Government of India third read above, it was ordered that entire
Half Pay Leave at the credit of Govt. Servants who retire on superannuation
shall be allowed to be encashed subject to the condition that pension &
pension equivalent of other retirement benefits shall be deducted from the
amount payable as cash equivalent.
8. The following
formula for calculation of cash equivalent of Half Pay Leave was also specified
in Office Memorandum No.P.14025/5/81/Estt. (L), dated 30-10-1982 of Government
of India and in the Office Memorandum of Government of India third read above,
|
Cash
payment in lieu of half pay leave component
|
=
|
Half
pay leave salary + D.A. if admissible (Minus) pension equivalent to gratuity
and relief on pension, if D.A. is admissible on half pay leave
|
X
|
Number
of days of HPL due on the date of retirement/ quitting the service subject to
the limits prescribed under the rule
|
|
30
|
9(i) After careful examination of the
matter, the Government have decided to accept the recommendation of the High-Power
Committee and to extend the benefit of encashment of Half Pay Leave at the
credit of the State Govt. Servants on their retirement, as is applicable to
Central Government Employees. All the State Government Employees who retire or
are retired on superannuation pension or on retiring pension or on invalid
pension arc eligible for the encashment of leave on half pay at their credit on
the date of retirement / invalidation.
(ii) In the case of employees retiring on
retiring pension and on invalid pension, the total period of encashment of
Earned Leave plus Half Pay Leave (both put together) shall not exceed the
period between the date on which the employee so retires or is retired from
service and the date on which the employee would have retired in the normal
course after attaining the age of superannuation as per rules. However, such
Govt. Servants may be allowed the encashment of Earned leave up to a maximum of
240 days even if this (i.e. 240 days) exceeds the period between the date on
which the employee retires and the date on which the employee retires and the
date on which the employee would have retired in the normal course on
superannuation.
(a) The cash
equivalent of leave salary on account of encashment of leave on half pay
ordered in the above para shall be calculated in the manner indicated below:
|
Cash
payment in lieu of leave on half Pay encashed
|
=
|
leave
salary on + D.A. there on if admissible (Minus) pension equivalent to gratuity
and Dearness relief on pension, if D.A.
|
X
|
Number
of days of leave on half pay due on the date of retirement subject to the
limits prescribed under the rules
|
|
30
|
(b) House Rent
Allowance and City Compensatory Allowance shall not be payable.
(c) The Pension
Equivalent to Gratuity shall be calculated with reference to the table in the
Andhra Pradesh Civil Pensions (Commutation) Rules, 1994.
(d) If the total
amount of leave salary for the leave half pay component plus Dearness Allowance
thereon, if admissible falls short of the total amount of pension + Pension
Equivalent to Gratuity + Dearness relief on pension, the cash equivalent of
leave on half pay shall not be granted.
11. These orders are
not applicable to those State Government Servants:
i) who are
compulsorily retired.
ii) who have resigned / quit the
service: and
12. These orders
shall come into force with effect from 01-09-1994 i.e., applicable only to the
cases or retirements on or after 30-09-1994.
(By
order and in the Name of the Governor of Andhra Pradesh)
A.R.
JAYA PRAKASH
Special
Secretary to Government
