Leave Rules

Revised General Leave Rules 2002 [Incorporating General Leave Rules for Teachers amended by the Executive Council on 13-1-1978/23-3-85/27-7-97]
and
UGC Notification dated 24th December, 1998 (Appendix-VI) relating to Leave Rules [
Reported to Executive Council on 7-2-1999]

PART-A

Leave Rules Applicable To The Whole Time Permanent Teachers Of The Delhi University

1. Leave Rules For The University Teachers

(i) Leave includes Earned Leave, Half-Pay-Leave, “Commuted Leave”, Extra-Ordinary-Leave”, “Maternity Leave”and “Paternity Leave”.

(ii) “Earned Leave” means leave earned on the basis of actual service rendered including the vacations.

(iii) “Half-Pay-Leave” means earned in respect of completed years of service calculated according to the rules hereinafter contained.

(iv) “Commuted Leave” means leave as provided herein after.

(v) “Completed year of Service” means continuous service of the specified duration under the University and includes periods spent on duty as well as on deputation with Government/ other institutions and leave including Extra-Ordinary-Leave unless otherwise provided.

Note:

(a) Notwithstanding anything contained in these rules, medical leave in respect of teachers in the service of the University on the date immediately preceding that on which these revised rules come into force, will be accounted for separately and granted according to the rules which were immediately previously in force.

(b) No leave accumulated before 1st May, 1946, under the leave rules in force prior to that date, shall be taken save that a member of the staff may be granted two-third of such accumulated leave on full pay terminating on the date on which he/she finally ceases to be a member of the staff, provided, however, that a teacher may be permitted to utilize the leave so accumulated for study purposes on full pay.

2. Right Of Leave

Leave cannot be claimed as a matter of right and when the exigencies of service so demand, leave of any description may be refused or revoked by the leave sanctioning authority/Vice-Chancellor.

In case a teacher is recalled to duty before the expiry of his leave, such recall to duty shall be treated as compulsory in all cases.

3. Earning Of Leave

Except as otherwise provided in these rules, leave shall be earned by period spent on duty only.

4. Commencement And Termination Of Leave

(i) Leave ordinarily begins from the date on which leave as such is actually availed of and ends on the day preceding on which duty is resumed.

(ii) Sunday or other public holidays (except vacations) may be prefixed as well as suffixed to leave.

Note:

Teachers are normally expected to be present on the last day of the term and on the opening day of the term after vacation. However, in exceptional or special circumstances, combination of vacations might be allowed to any kind of leave except casual leave.

5. Return To Duty On Expiry Of Leave

Except with the permission of the authority which granted the leave, no person on leave may return to duty before the expiry of the period of leave granted to him.

6. Combination Of Leave

Except as otherwise provided in these rules, any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.

7. Grant Of Leave Beyond The Date Of Retirement And On Resignation

No leave shall be granted beyond the date on which a teacher must retire, provided that a teacher may be paid cash equivalent of leave salary in respect of the period of earned leave at his credit at the time of retirement on superannuation subject to the following conditions: –

(i) The benefit under this rule shall be admissible to a teacher who attains the age of superannuation on or after 30-9-77.

(ii) The payment of cash equivalent of leave salary for earned leave shall be limited to 300 days.

(iii) In respect of a teacher who retires on attaining the normal age prescribed for retirement under the terms and conditions governing his service, the authority competent to grant leave shall suo-motu issue an order granting cash equivalent of leave salary for earned leave, if any, at the credit of the teacher on the date of his retirement subject to a maximum of 300 days.

(iv) The cash payment will be equal to leave salary as admissible for earned leave and dearness allowance admissible on that leave salary at the rates in force on the date of retirement. No city compensatory allowance and/or house rent allowance shall be payable.

The cash payment for unutilized earned leave shall, with effect from 1-7-97, be made in the manner indicated below:-

Pay admissible on the date of retirement plus Dearness allowance admissible on that date X Number of unutilized earned leave at credit on the date of retirement subject to Maximum of 300 days
______________
30

(v) A teacher who is re-employed after retirement may, on termination of his re-employment, be granted suo-motu by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date of termination of re-employment, subject to a maximum of 300 days, including the period for which encashment was allowed at the time of retirement.

(vi) A teacher can also avail of, as leave preparatory to retirement, a part of earned leave at his credit. In that case, he will be allowed benefits of this rule for the earned leave that remains at credit on the date of retirement in accordance with the terms and conditions stipulated in this rule.

(vii) The benefit of this rule shall also be admissible to the teachers who attain the age of retirement on or after 30-9-1977 and are granted extension of service after that date. In such cases, the benefit shall be granted on the date of final retirement on expiry of extension to the extent of earned leave at credit on the date of superannuation plus the earned leave earned during the period of extension reduced by earned leave availed of during such period, subject to a maximum of 300 days.

(viii) A teacher already on leave preparatory to retirement who has been allowed to return to duty shall also be entitled to benefit under this rule on the date of retirement.

(ix) Those employees who attained the age of retirement on superannuation before 30-9-1977 and were on extension of service on or beyond that date will also be entitled to the benefit of cash payment on the date of final retirement on expiry of extension to the extent of earned leave that had been refused to them at the time of retirement and was allowed to be carried forward into period of extension plus leave earned during the period of extension reduced by earned leave availed of during such period subject to a maximum of 300 days.

The authority competent to grant leave may withhold whole or part of cash equivalent of earned leave in the case of a teacher who retires from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him, if in the view of such authority there is a possibility of some money becoming recoverable from him/her on conclusion of the proceedings against him. On conclusion of the proceedings, he will become eligible to the amount so withheld after adjustment of University’s dues, if any.

A teacher who retires from service by giving notice or he is retired by the University by giving notice, or pay and allowances in lieu of such notice, in accordance with the terms and conditions of service may be granted suo motu by the authority competent to grant leave, cash equivalent of the leave salary in respect of earned leave at his credit subject to maximum of 300 days and also in respect of all the half pay leave at his credit provided this period 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 in the normal course after 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 D.A. admissible on that leave salary for the first 300 days, at the rates in force on the date the University teacher 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 one-time settlement. No HRA or CCA shall be payable.

Provided that if leave salary for the half pay leave component falls short of pension and other pensionary benefits, cash equivalent of half pay leave shall not be granted.

The Leave salary payable for the half pay leave components granted under the rule, shall henceforth be calculated in the manner as indicated:-

Half Pay Leave salary plus D.A. if admissible (minus) Pension, Pension equivalent of gratuity and relief on pension if dearness allowance is admissible on half pay leave X No. of days of Half Pay Leave due on the date of retirement/quitting the service subject to the limits prescribed under the rules
__________________
30

Provided further that a teacher who is retired by the University by giving him pay and allowances in lieu of notice, cash equivalent of leave salary shall be allowed only for the period of leave excluding that period for which pay and allowances in lieu of notice have been allowed.

(a)(i) Where the services of a teacher are terminated by notice or by payment of pay and allowances in lieu of notice or otherwise in accordance with the terms and conditions of his appointment he may be granted suo motu by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date on which he/she ceases to be in service subject to a maximum of 300 days..

(ii) If a teacher resigns or quits service, he/she may be granted suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his/her credit on the date of cessation of service to the extent of half of such leave at his credit, subject to a maximum of 150 days.

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