No.NC-JCM-2024/DOPT (Inc)
The Secretary Government of India Department of Personnel & Training North Block, New Delhi 110 001.
Ph.: 23382286
National Council (Staff Side)
Joint Consultative Machiner for Central Government Employee
13-C, Ferozshah Road, New Delhi - 1 E-Mail: nc.jcm.np@gmail.com
September 24, 2024
Sub: Encashment of Earned Leave to re-employed pensioners while on retirement from reemployed service.
Dear Sir,
This Office has been receiving representations from reemployed ex- servicemen with regard to their grievance on Encashment of Earned Leave / Half Pay Leave while on retirement from reemployed service. The authorities in the various departments are taking a position that in accordance with DOP&T OM No. 14028/1/2017- Estt (L) dt. 27-06-2017 that persons reemployed after retirement may be governed by rule 39(6)(a) (iii) of the said Rules and they may be granted leave encashment upto a maximum of 300 days including the period for which encashment was allowed at the time of retirement. According to this if an ex-serviceman has availed 300 days EL encashment while in service in the Armed Forces, subsequently after his reemployment in civil departments while on retirement he is not paid 300 days EL even though without availing the leave while in service he has accumulated the same. This is an injustice to the concerned re employed ex- serviceman who served for the nation.
In view of the above it is requested that both the service in the Armed Forces and in the civil departments may be treated as two separate services and the leave encashment which the service personnel has availed while on retirement from the Armed Forces should not be an embargo for encashment of EL from the reemployed department. This matter needs to be reconsidered by the Government and we request you to kindly reexamine the matter and take a favorable decision and arrange to issue necessary amendments in the CCS (Leave) Rules 1972 and also to withdraw the DOP&T OM dated 27-6- 2017. If any further clarification is required the Department may kindly convene a meeting with the Staff Side.
Thanking you
Yours Sincerely
(Shiva Gopal Mishra) Secretary
