El encashment in techincal resgination

Originally posted by : SUBBASH P
	Recently I resigned and joined from one Autonomous central govt body another auto central govt body through propper channel with technical resignation. I had saved around 92 days of EL from my old employer. After resignation when I tried encash the ELs they say that I can only encash 50% of my ELs (46 days) & remaining are lapsed. Is there any rule like that? My new employee is not accepting to transfer the ELs. Thery are starting freshly.

Please read through following hope you  it-------

1. Earned Leave (EL)/Leave on Average Pay (LAP) - Currently, 30 days of earned leave is granted for a year to civilian employees. The number of earned leaves provided to defence personnel is 60 days. Earned leaves can be accumulated up to 300 days. There have been suggestions to increase the accumulation of the leave to 450 days. Also, requests have been raised to enable encashment of half the earned leaves after the employee has completed 20 years in service. Additionally, there are suggestions to delink encashment of the leave from Leave Travel Concession (LTC). Other suggestions that have been raised include the following:
   • The ability to gift a certain number of earned leaves to spouse or colleague.
   • Principals, teachers, etc. who are considered to be vacational staff have requested for the restoration of 10 days’ earned leave that was changed to 20 days’ half pay leave as per the 6th CPC.

The Commission will not be changing encashment guidelines of earned leaves. It also considers that the option of gifting the leave would defeat the purpose of the leave itself. However, the Commission recommends that vacational staff be provided EL of 10 days as opposed to half pay leave of 20 days.

1. Extra Ordinary Leave (EOL) - This leave is granted to employees when no other leave is applicable and the employee specifically requests for the same in writing. This leave will not be reduced from the leave account. The employee is also not paid any leave salary when availing EOL. There have been no demands regarding this benefit.
2. Furlough Leave - This leave is offered to defence personnel only for up to 60 days. It can be taken once every three calendar years. The pay of the employee during this time would be reduced by half. Although no demands have been raised regarding this leave, the Commission is of the opinion that this leave is a carry over from the pre Independence times. Since defence personnel are already receiving a substantial number of earned leaves and casual leaves, it is recommended to discontinue the furlough leave.
3. Half Pay Leave (HPL)/Leave on Half Average Pay (LHAP) - Currently government employees are given 20 days of half pay leave for every year of service completed. This leave is credited in January (10 days)and July (10 days) every year. There have been demands to allow the encashment of HPL at superannuation. However, the Commission is of the opinion that this demand lacks merit.
4. Hospital Leave - This leave is granted to Railway employees (Group C) in case they suffer from injuries or illnesses directly linked to risks due to official duties. Medical certificate is required to avail the same. 100% pay is offered to the employee for the first 120 days and half pay is given after that. This leave can be combined with other leaves the employee is eligible for. However, the total leave duration should not exceed 28 months.

Hi sb sharma,

Thank you for the reply.

I read  SR FR for Leaves (PART 3). It states that:

"39-D. Cash equivalent of leave salary in case of permanent absorption
in Public Sector Undertaking/Autonomous Body wholly or
substantially owned or controlled by the Central/State
Government
A Government servant who has been permitted to be absorbed in a
service or post in or under a Corporation or Company wholly or
substantially owned or controlled by the Central Government or State
Government or in or under a body controlled or financed by one or more
than one such Government shall be granted suo motu by the authority
competent to grant leave cash equivalent of leave salary in respect of
earned leave at his credit on the date of absorption subject to a maximum of
300 days (including the number of days for which encashment has been
allowed along with Leave Travel Concession while in service)]. This will
be calculated in the same manner as indicated in Clause (b) of sub-rule (2)
of Rule 39."

But I never seen anywhere that only 50% has to be encashed.

Best option is file RTI to the organisation with demand of reason why they are paying 50%

because there may be different rule in any organisation even if its central or state.

So best and low cost option is file RTI

then reply depend your case...hope you  it

Yes I agree about the RTI. 

But is it really possible for a central govt institute to modify the leave rules for their own?

Originally posted by : SUBBASH P
	Yes I agree about the RTI.  But is it really possible for a central govt institute to modify the leave rules for their own?

Yes any institute may show your some faults like

negligent,careless,bad work culture by you bla bla......

so 1st know thier perspective it will help you for future 

RTI is not at all tenable for any information which is already available in public domain ro for seeking any legal opition or for seeking reasons for any decision.  He can at the most ask for noting leading to such decision

Your previsou deptt has not understood the case propperly.

You are not entitled to even a single day encashment becuase it is not a case of outright resignation but a case of technical resignation. In this case the leave credit will be carried to new organisation.

Since the new organisation (as your said) is not deptt rather autonomous body the old deptt has to pay leave salary and pension contribution to new organisation.