Information on civil service rules regarding employee leave during employment
Civil Services (Temporary Service) Rules, 1965 are framed under Proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor General in reference to persons serving within the Indian Audit and Accounts Department to manage the conditions of service of temporary Govt. servants. These Rules supersede the Central Civil Services (Temporary Service) Rules, 1949.
most of the instructionsand orders incorporated within the brochure containing the Central Civil Services (Temporary Service) Rules, 1949 are still effective exception thus far as they’re inconsistent with the Central Civil Services (Temporary Service) Rules, 1965. The instructions/orders which are still applicable have, therefore, been given under the relevant rule for information and guidance.
The Central Civil Services (Temporary Service) Rules, 1965along side the relevant orders issued by Government from time to time are
1. Short, title commencement and application.
(1) These rules could also be called the Central Civil Services (Temporary Service) Rules, 1965.
(2) They shall inherit force with effect from 1st May, 1965.
(3) Subject to the provisions of sub-rule (4), these rules shall apply to all or any persons:-
(i) who hold a civil post including all civilians paid from the defence services estimates under the govt of India and who are under
the rule making control of the President, but who don’t hold a lien or a suspended lien on any post under the govt of India or any State
(ii) who are employed temporarily in work-charged establishments and who have opted for pensionary benefits.
(4) Nothing in these rules shall apply to:-
(a) railway servants;
(b) Government servants not in whole-time employment;
(c) Government servants working on contracts;
(d) Government servants paid out of contingencies;
(e) persons employed in extra-temporary establishments or in
work-charged establishments aside from the persons employed temporarily and who have opted for pensionary benefits.
(f) non-departmental telegraphists and telegraphmen employed
in the Posts and Telegraphs Department;
(g) such other categories of employees as could also be specified by
the Central Government by notification published within the Official gazette.
In these rules, unless the context otherwise requires:-
(a) “appointing authority” means in reference to a specified post, the authority declared intrinsically under the Central Civil Services
(Classification, Control and Appeal) Rules, 1965;
(b & c) omitted
“temporary service” means the service of a short lived Government servant during a temporary post or officiating service during a
permanent post under the govt of India.
(e) “Defence Services” means services under the govt of India within the Ministry of Defence and within the Defence Accounts
Departments under the control of the Ministry of Finance (Department of Expenditure) (Defence Division) paid out of the Defence Service Estimates and
not permanently subject to the Air Force Act, 1950 (45 of 1950) or the military Act, 1950 (46of 1950) or the Navy Act, 1957 (62 of 1957)”
Government of Indias decisions:
(a) Only service rendered during a civil post under the govt of India is treated as temporary service for this purpose.
(b) The term “Government service” includes periods of duty and periods of leave including extraordinary leave.
(c) Prior service rendered in establishments paid from Defence Estimates and repair rendered in Railway Department is additionally counted for quasi-permanency.
(d) “War service” as defined below shall be counted as service for purposes of quasi-permanency:
(i) Service of any kind during a unit or formation responsible for service overseas or in any operational area;
(ii) Service in India under military, munitions or stores authorities with a liability to service overseas or in any operational area;
(iii) All other service involving subjection to naval, military or air forc
(2) within the event of death of a short lived Govt. servant while in commission , his family shall be eligible for family pension and death gratuity at an equivalent scale and under an equivalent provisions as are applicable to permanent Central Civilian Government servants under the Central Civil Services (Pension) Rules, 1972;
(3) No gratuity shall be admissible under this rule to a Government servant,-
(a) who resigns his post or who is removed or dismissed from service as a disciplinary measure;
(b) who is re-employed after retirement on superannuation or retiring pension.
Provided that a short lived Government servant who resigned from service to require up, with prior permission, a meeting under an organization or Company wholly or substantially owned or controlled by the govt or in or under a body controlled or financed by Government shall be paid terminal gratuity at the speed prescribed under sub-rule (1) in respect of
the service rendered by him under the Government:
Provided further that a short lived Government servant who has been absorbed during a Central autonomous body, with the permission of the parent department, shall have an choice to count the service rendered under the govt for the aim of pension under the autonomous body if it’s a pension scheme, rather than drawing the terminal gratuity under the primary proviso.
Explanation- For the aim of this sub-rule –
(i) “Central autonomous body” means a body which is financed wholly or substantially from cess or Central Government grants and includes a Central statutory body or a Central University but doesn’t include a public undertaking falling under the purview of the Bureau of Public Enterprises;