Clarifying Leave Rules for Defence Employees: BPMS Seeks to Streamline HPL Conversion to Commuted Leave

BPMS/MOD/Leave/57 (7/3/L)) dated 04.05.2024, Request for Clarification on CCS Leave Rules, 1972 regarding Conversion of Half Pay Leave upto 03 days without Medical Certificate to Commuted Leave
BPMS/MOD/Leave/57 (7/3/L)) dated 04.05.2024, Request for Clarification on CCS Leave Rules, 1972 regarding Conversion of Half Pay Leave upto 03 days without Medical Certificate to Commuted Leave

H1: BPMS Pushes for Clarity on Converting Short HPL to Commuted Leave for Defence Workers

The Bharatiya Pratiraksha Mazdoor Sangh (BPMS), an All India federation of Defence Workers, has written to the Ministry of Defence seeking clarification and potential amendment to the Central Civil Services (Leave) Rules, 1972. The federation aims to address a practical issue faced by defence employees regarding the conversion of Half Pay Leave (HPL) up to three days into Commuted Leave without the requirement of a medical certificate.

H2: The Existing Leave Rules and Their Implications

Under the current provisions of the CCS Leave Rules, 1972, two specific rules come into play:

  1. Rule 19(6): Employees can avail leave for a period not exceeding three days at a time without the need to produce a medical certificate. However, such leave is not treated as leave on medical grounds and is debited against leave other than leave on medical grounds.
  2. Rule 30(1): This rule allows for the grant of Commuted Leave on the production of a medical certificate. In such cases, twice the amount of Commuted Leave is debited against the employee’s half pay leave due.

The practical problem arises when an employee wishes to avail up to three days of HPL without a medical certificate and desires it to be converted into Commuted Leave. Currently, there is no specific provision in the rules to address this scenario, leading to confusion and inconsistencies in the application of leave rules across government departments.

H3: BPMS’s Proposal for Clarity and Consistency

In a letter dated 04.05.2024 (Ref: BPMS/MOD/Leave/57 (7/3/L)), BPMS General Secretary Mukesh Singh has proposed that the competent authority should have the discretion to waive the production of a medical certificate for leave applications not exceeding three days at a time. Such leave should be treated as Commuted Leave, and twice the amount of leave should be debited against the half pay leave due, in accordance with Rule 30(1) of the CCS Leave Rules, 1972.

This clarification or amendment would streamline the leave application process for employees, alleviate practical difficulties, and ensure consistency and fairness in the application of leave rules across government departments.

H2: Benefits of the Proposed Clarification

Addressing this issue through the proposed clarification or amendment would bring several benefits:

  • Streamlined Leave Application Process: Employees would have a clear understanding of the process for converting short periods of HPL to Commuted Leave, reducing confusion and administrative burden.
  • Alleviated Practical Difficulties: The practical difficulties faced by employees in converting up to three days of HPL to Commuted Leave without a medical certificate would be resolved.
  • Consistency and Fairness: The clarification would ensure that leave rules are applied consistently across government departments, promoting fairness and equal treatment for all defence employees.
  • Improved Employee Satisfaction: By addressing a long-standing issue, the clarification would contribute to improved employee satisfaction and morale within the defence workforce.

BPMS has requested both the Ministry of Defence and the Department of Personnel & Training to take appropriate action on this matter, recognizing its importance for the welfare of defence employees.

The verbatim text of the letter from BPMS (Ref: BPMS/MOD/Leave/57 (7/3/L)) dated 04.05.2024 is as follows:

Bharatiya Pratiraksha Mazdoor Sangh

(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)

(AN INDUSTRIAL UNIT OF B.M.S.)

(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

REF: BPMS /MOD /Leave /57 (7/3/L)

Dated: 04.05.2024

To,

The Secretary,

Govt of India, Min of Defence,

South Block, New Delhi — 110011

{Kind attention: Shri A S Rathour, US (Civ-I])}

Subject: Request for Clarification on CCS Leave Rules, 1972 regarding Conversion of Half Pay Leave upto 03 days without Medical Certificate to Commuted Leave.

Sir,

I am writing to bring to your attention a practical issue faced by employees governed by the Central Civil Services (Leave) Rules, 1972 concerning the conversion of Half Pay Leave (HPL) upto 03 days into Commuted Leave.

As per Rule 19 (6) of the CCS Leave Rules1972, employees can avail leave for a period not exceeding three days at a time without the requirement of a medical certificate. However, such leave is not treated as leave on medical grounds and is debited against leave other than leave on medical grounds. On the other hand, Rule 30(1) allows for the grant of Commuted Leave on medical certificate, wherein twice the amount of such leave is debited against the half pay leave due.

The practical problem arises when an employee wishes to avail up to three days of HPL without a medical certificate and desires it to be converted into Commuted Leave. Currently, there is no provision in the rules for this specific scenario, leading to confusion and inconvenience for employees.

Therefore, I kindly request your intervention to issue necessary clarification or consider amending the relevant portion of the rules. Specifically, it is proposed that the authority competent to grant leave may, in its discretion, waive the production of a medical certificate for applications for leave for a period not exceeding three days at a time. Such leave should be treated as Commuted Leave without the need for a medical certificate, and twice the amount of such leave should be debited against the half pay leave due, in accordance with Rule 30(1) of the CCS Leave Rules, 1972.

This clarification or amendment would streamline the leave application process and alleviate the practical difficulties faced by employees. It would also ensure consistency and fairness in the application of leave rules across government departments.

Thank you for considering this request. Your attention to this matter is greatly appreciated, and I look forward to a favorable response.

Sincerely yours

(MUKESH SINGH)

General Secretary/BPMS &

Member, National Council (JCM)

Copy to: The Secretary,

Deptt of Personnel & Training

Min of Pers, PG & Pensions

Govt of India, North Block, New Delhi — 110001

– With request to take appropriate action.

By addressing this issue and providing the necessary clarification or amendment, the Ministry of Defence and the Department of Personnel & Training have an opportunity to demonstrate their commitment to the well-being of defence employees and ensure that leave rules are applied consistently and fairly across all departments.

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