Study leave reg.

Kindly look into the following excerpts from attachment posted by you:

8. Regulation of claim to leave

A Government servant’s claim to leave is regulated by the rules in

force at the time the leave is applied for and granted.

Thus you need to check the latest leave rules and applicability of study leave as cited by your section officer. You can use RTI route also.

53.Sanction of study leave

(1)A report regarding the admissibility of the study leave shall be

obtained from the Audit Officer:

Thus you can submit your leave application thru proper channel enclosing leave rules confirming your eligibility as per copy posted by you,and if you are not eligible the reason shall have to be supplied to you.

@ Kumar, Sir Thanks for your kind reply...

Who is an "Audit Officer " here. ??

Is obtaining infromation via RTI from DoPT is preferable?? B'coz the document which i have got was downloaded from DoPT and I think that might be tha latest one....

What would be the next step if i can not be given Study Leave even if i am eligible????

Please kindly guide me..

Thank you..

You have posted:

-"Who is an "Audit Officer " here. ??

We are not aware. It is believed that this may be a superior/final authority. You may enquire and confirm from your office.

-"Is obtaining information via RTI from DoPT is preferable??"

Ideally the amendment /updation /insertion/modification/introduction/changes should be circulated to employees. Your establishment may have the practice of posting on website, or issuing circulars to section officer and your section officer may be having latest rules in force. You may enquire and confirm from your office, from whom the latest rules can be obtained, and obtain a copy. Otherwise you can apply in writing and obtain a copy from admin/HR/personnel cell.

RTI route is preferable in the sense that you shall get authentic and certified copy from the competent resource.

Your have mentioned that "When i enquired with our Section Officer, they said I am not eligible as it is for only Group A and B officials." Whereas from the soft copy downloaded and attached by you it does not seem so. Therefore your section officer is either wrong or right.

-"What would be the next step if i can not be given Study Leave even if i am eligible????"

As per procedure in your establishment you may escalate to the next authority.

It is felt in a central govt establishment like yours the leave sanctioning authority shall grant leave by adhering to set rules in force or decline by citing set rules in force.

It shall be appropriate to obtain latest rules (which is your right also) and proceed as per rules. Your chances of success shall be better.

Valuable advice of learned experts/members having mastery on central Govt, CCS, DoPT. rules is sought.

You are already referring to CCS (leave) rules which are in the simplest possible language expected in Govt. These rules do not differentiate between the status of employees. 

Rule 50 to 63  of the CCS (leave) Rules are very clear on the conditions for grant of study leave.  It is not the Establishment Section rather your controlling officer in chain of command (who know your professional requirement) who will decide if the course is beneficial to the service.

"Audit Officer" in Govt deptt means PAO.  In case of Autonomous body some authority may be conducting this business and he shall be the Audit Officer for this purpose.

There is no point in referring RTI to the DOPT. It is seen that they (though being author of rules) at times transfer such application to the deptt.  Further RTI cannot be used to seek free legal advice.  You can refer such advise of Section Officer (which he will never give in writing) if he refuses your leave in writing to show any circular restricting study leave to GpA&B officers only.

Rules on Study Leave are quite clear, except that Rule 53 needs appropriate amendment where a mention of audit officer has been made. In fact it is meant to indicate the PAO, DDO or the Administrative Officer (as the case may be), whosoever maintains the service book and leave account records of the Government servants that can certify the eligibility of the individual Government servant and entitlement of leave him. In fact, leave Rules were notified in 1972, when service cards of Gazetterd Officers were maintained by the Audit Officers. By the separation of accounts from Indian Audit and Accounts Department later, all service records are maintained locally by the concerned Government organisation, but certain the DOPT seemed to have failed to make proper amendments in rules.