Extraordinary Leave

Extraordinary leave is leave without pay under Rule 32 of the CCS (Leave) Rules 1972, granted when no other leave is due. Limits, increment and pension effect.

Extraordinary leave is leave carrying no leave salary at all, granted under Rule 32(1) of the CCS (Leave) Rules 1972 to a central government servant other than a military officer, either when no other leave is admissible or when other leave is admissible but the servant applies in writing for extraordinary leave instead. Rule 40(5) fixes the leave salary on it at nil. It is the only kind of leave in the rulebook that is wholly unpaid, and it is the head under which the longest authorised absences in central service are held.

What extraordinary leave buys is continuity of service, not income. A servant on extraordinary leave draws nothing, but remains in service, the post is held, and the break that an unregularised absence would create is avoided. That is the whole of its value: a serious illness that outlasts the earned leave and the half pay leave, a spouse posted abroad, a long course of study, or an inability to rejoin duty for reasons outside the servant’s control are the situations it exists for.

The rules place it at the bottom of a ladder of pay against availability. Earned leave is at full pay under Rule 40(1) but capped at 300 days. Half pay leave is at half pay under Rule 40(3) and uncapped, the reserve for the long illness. Commuted leave draws half pay leave at full pay on a medical certificate under Rule 40(4), at two days of half pay leave for each day granted. When those are gone, extraordinary leave is what remains.

Two questions decide what a spell of it costs an employee over a career, and they have different answers. Whether the period counts for the annual increment is settled by FR 26(b)(ii), which turns on the medical certificate and otherwise leaves a direction to the President. Whether it counts as qualifying service for pension is settled by Rule 21 of the CCS (Pension) Rules 2021, which turns on the medical certificate and otherwise on a decision the appointing authority must take at the time of grant, with the Explanation setting a default in the employee’s favour if the service book is silent. This article works through the grant conditions, the ceilings and who they bind, the five-year outer limit, both of those consequences, the effect on the earned leave credit, what happens to house rent allowance and provident fund subscription, and the two directions in which a spell of extraordinary leave can be converted after the event.

Grant conditions under Rule 32(1)

Rule 32(1) of the CCS (Leave) Rules 1972 permits extraordinary leave in two situations, and in both the leave salary is nil under Rule 40(5). Clause (a) covers the case where no other leave is admissible, meaning the earned leave, half pay leave and any leave not due are exhausted or unavailable. Clause (b) covers the case where other leave is admissible but the government servant applies in writing for the grant of extraordinary leave.

Clause (b) is the provision employees overlook. A servant with a half pay leave balance is not obliged to spend it, and may ask in writing for unpaid leave instead, to preserve the balance for a later illness or to keep a spell of absence off the paid accounts. The rule requires the request in writing, so the file has to carry it.

Neither clause creates an entitlement. The words are that extraordinary leave “may be granted” in special circumstances, which places the grant in the discretion of the leave-sanctioning authority. Rule 7 of the same rules puts the general position beyond argument: leave cannot be claimed as of right.

Because it is not drawn from an accrued balance, extraordinary leave is not debited to any leave account. Earned leave, half pay leave and commuted leave are each carved out of their respective balances when taken. There is nothing to carve extraordinary leave from, since it is granted precisely when the balances are empty. The grant does have a downstream effect on the next earned leave credit under Rule 27(3), which is a separate mechanism set out below.

Period ceilings under Rule 32(2)

Rule 32(2) caps extraordinary leave on any one occasion at three, six, eighteen or twenty-four months according to the cause of the leave and the service already rendered, and it binds only a government servant who is not in permanent employ or quasi-permanent employ. The sub-rule opens with the words “Unless the President in view of the exceptional circumstances of the case otherwise determines”, so even for a servant it binds, the ceilings are displaceable at the highest level.

ClauseCause of the leaveMaximum per occasionService condition
32(2)(a)Any reason3 monthsNone
32(2)(b)Request supported by a medical certificate6 months1 year of continuous service on the date of expiry of leave of the kind due and admissible
32(2)(d)Treatment for pulmonary tuberculosis or pleurisy of tubercular origin, tuberculosis of any other part of the body, leprosy, or cancer or mental illness18 months1 year of continuous service, treatment in a recognised sanatorium or institution or by a recognised specialist
32(2)(e)Studies certified to be in the public interest24 months3 years of continuous service on the date of expiry of leave of the kind due and admissible

Clause (c) was deleted, which is why the eighteen-month limit is numbered (d) and is frequently miscited as (c).

The higher limits are inclusive, not additional. Clauses (b) and (e) each state their limit as “including three months’ extraordinary leave under Clause (a)”, so the twenty-four-month study limit is a total of twenty-four months and not twenty-seven.

Clause (d) is drawn narrowly by disease and by where the treatment happens. Pulmonary tuberculosis or pleurisy of tubercular origin must be treated in a recognised sanatorium, with a Note extending the concession to treatment at the servant’s residence under a tuberculosis specialist recognised as such by the State Administrative Medical Officer, on a certificate that the servant is under that specialist’s treatment and has reasonable chances of recovery on the expiry of the leave recommended. Tuberculosis of any other part of the body requires a qualified tuberculosis specialist, a Civil Surgeon or a Staff Surgeon. Leprosy requires a recognised leprosy institution or one of those officers or a specialist in a recognised leprosy hospital. Cancer and mental illness require an institution recognised for the treatment of that disease. The four sub-clauses were substituted by Ministry of Finance Notification No. P-11012/1/77-E-IV(A) dated 21 November 1979.

Rule 32(5) closes the obvious way round the ceilings. Two spells of extraordinary leave, if intervened by any other kind of leave, are treated as one continuous spell of extraordinary leave for the purposes of sub-rule (2). Without it, a temporary servant could reset the clock by interposing a few days of earned leave between two spells.

Who the Rule 32(2) ceilings bind

The Rule 32(2) ceilings bind a government servant who is not in permanent employ or quasi-permanent employ, and nobody else. A permanent or quasi-permanent servant is outside them entirely and may be granted extraordinary leave for as long as the circumstances justify, subject only to the five-year cap in Rule 12. This is the practical weight of the temporary and permanent distinction in the leave rules: the same unpaid leave is rationed by cause and service length for one and open-ended for the other.

A probationer falls on one side or the other according to the post, not according to the label. Rule 33(2) entitles a person appointed to a post on probation to leave as a temporary or a permanent government servant according as the appointment is against a temporary or a permanent post, and the proviso entitles a person who already held a lien on a permanent post before the appointment to leave as a permanent servant. A probationer appointed against a permanent post is therefore outside the Rule 32(2) ceilings, and is not brought within them by remaining unconfirmed. Confirmation in service is a separate event and does not change the leave position of a probationer already appointed against a permanent post.

Rule 33(1)(b) adds a limit that has nothing to do with the ceilings. Where it is proposed to terminate the services of a probationer, any leave granted shall not extend beyond the date on which the probationary period as already sanctioned or extended expires, or beyond any earlier date on which the services are terminated by the orders of the authority competent to appoint.

An apprentice is dealt with separately and gets very little. Rule 33(3) entitles an apprentice to leave on medical certificate at leave salary equivalent to half pay for not more than one month in any year of apprenticeship, and to extraordinary leave under Rule 32. That is the whole entitlement.

The study bond and the pre-examination training relaxation

Rule 32(3)(a) requires a bond in Form 6 from a government servant granted extraordinary leave in relaxation of the study limit in clause (e) of sub-rule (2). The bond undertakes to refund to the government the actual amount of expenditure incurred by the government during the leave, plus that incurred by any other agency, with interest, if the servant does not return to duty on the expiry of the leave or quits the service before a period of three years after return to duty. Rule 32(3)(b) requires the bond to be supported by sureties from two permanent government servants having a status comparable to or higher than that of the servant taking the leave.

Three details in that provision are routinely dropped when it is summarised. The refund covers expenditure incurred by any other agency, not only by the government. Interest runs on the amount. And the three-year clock runs from return to duty, not from the grant of the leave, so a servant who returns and resigns thirty months later is inside the bond. The obligation is distinct from the one attaching to study leave under Rule 50, which is a different head with its own bond.

Rule 32(4) works the other way and relaxes the ceilings. A government servant belonging to the Scheduled Castes or the Scheduled Tribes may be granted extraordinary leave by the Head of Department, in relaxation of the provisions of sub-rule (2), for the purpose of attending a pre-examination training course at a centre notified by the government from time to time. The relaxing authority is the Head of Department, which keeps the decision below the level at which the Rule 32(2) ceilings would otherwise have to go to the President.

The five-year cap under Rule 12

Rule 12(1) of the CCS (Leave) Rules 1972 bars the grant of leave of any kind for a continuous period exceeding five years, and it binds a permanent servant and a temporary one alike. The rule was inserted by DoPT Notification No. 13026/2/2010-Estt.(L) dated 29 March 2012.

Rule 12(2) goes further than a bar on the grant. Unless the President, in view of the exceptional circumstances of the case, otherwise determines, a government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the government service. A proviso requires that a reasonable opportunity to explain the reasons for the absence be given before sub-rule (2) is invoked. A second proviso, added by DoPT Notification No. 18017/1/2014-Estt.(L) dated 3 April 2018, exempts a case where leave is applied for on medical certificate in connection with a disability.

The words “with or without leave” are what give Rule 12(2) its reach. The deemed resignation does not depend on the absence being unauthorised: a servant whose five years were covered from end to end by sanctioned extraordinary leave is within the sub-rule just as much as one who simply stopped attending. Extraordinary leave, being the head under which the longest authorised absences are held, is the kind most likely to run against this point, which makes five years the effective outer limit for a permanent servant even though Rule 32 fixes none.

Effect on increment

Extraordinary leave taken on a medical certificate counts towards the annual increment, and extraordinary leave taken for any other reason does not unless the President directs otherwise. FR 26(b)(ii) provides that all leave except extraordinary leave taken otherwise than on medical certificate counts for increment in the time scale applicable to the post in which the servant was officiating when proceeding on leave. FR 26(b)(i) says the same for the post on which the servant holds a lien.

The discretion sits with the President, not with the sanctioning authority. The proviso to FR 26(b)(ii) allows the President, in any case in which he is satisfied that the extraordinary leave was taken for any cause beyond the government servant’s control or for prosecuting higher scientific and technical studies, to direct that the extraordinary leave shall be counted for increments under clause (i) or clause (ii). Illness that has not been certified, and extraordinary leave for private affairs, fall outside both the medical-certificate exception and the proviso.

The grounds in FR 26(b)(ii) are not the same as those in Rule 21 of the CCS (Pension) Rules 2021, and the two are commonly run together. FR 26 speaks of “any cause beyond the Government servant’s control”, a general formula. Rule 21 names one specific instance, inability to join or re-join duty on account of civil commotion, and does not carry the general formula at all. A spell of extraordinary leave can therefore count for the increment and not for pension, or the reverse, and each has to be settled under its own provision.

Where the leave does not count, the proviso to FR 26(a) adds the total of all such non-counting periods to the normal date of increment. Under the 7th Central Pay Commission structure the practical effect is not an equal shift. Rule 10 of the CCS (Revised Pay) Rules 2016 places every increment on 1 January or 1 July, so where the addition leaves the qualifying service at the stage incomplete on the employee’s date of next increment, the annual increment and the date itself move to the next increment date, a slip of six months. A spell of two months of non-qualifying extraordinary leave and a spell of five months can cost the same six months, or nothing at all, according to where they fall against the calendar. The increment is deferred rather than forfeited, and the employee reaches the next cell of the pay matrix level later.

Effect on qualifying service for pension

Rule 21 of the CCS (Pension) Rules 2021 counts all leave during service for which leave salary is payable, and all extraordinary leave granted on medical certificate, as qualifying service. Extraordinary leave on a medical certificate therefore counts without any further decision by anybody.

For extraordinary leave other than on medical certificate, the proviso allows the appointing authority, at the time of granting such leave, to allow the period to count as qualifying service, and only where the leave is granted for one of two reasons: inability to join or re-join duty on account of civil commotion, or prosecuting higher scientific and technical studies. Two limits are built into that wording. The decision belongs to the appointing authority and not to the leave-sanctioning authority, and it has to be taken at the time of grant rather than reconstructed at retirement.

The Explanation to Rule 21 then sets the default the other way, and it is the provision employees most often have backwards. Where extraordinary leave is neither on medical certificate nor allowed to count under the proviso, a definite entry must be made in the service book to the effect that the period shall not be treated as qualifying service. The entry can be made at the time of grant, or subsequently, but not later than six months before the date of retirement of the government servant on superannuation. If no such entry is made, the Explanation states that the period of extraordinary leave shall be treated as qualifying service. The burden is on the office to record the exclusion, and the consequence of an empty service book runs in the employee’s favour.

The six-month deadline is what makes the entry worth chasing early. An office that discovers an unrecorded spell of extraordinary leave five months before superannuation is out of time to exclude it, and the period counts towards the service that fixes the pension calculation. An employee who wants the position settled should get it settled at the point of grant, when the appointing authority still has the Rule 21 proviso available and the entry has not yet become the only live question.

Effect on the earned leave credit

Extraordinary leave reduces the next advance credit of earned leave and leaves the half pay leave credit alone. Rule 27(3) of the CCS (Leave) Rules 1972 provides that where a government servant has availed of extraordinary leave, or some period of absence has been treated as dies non, in a half-year, the credit afforded at the commencement of the next half-year is reduced by one-tenth of that period, subject to a maximum reduction of 15 days. The sub-clause was inserted by Ministry of Finance Notification No. 11012/1/77-E.IV(A) dated 21 November 1979.

Earned leave is credited in advance at 15 days on 1 January and 15 days on 1 July, so 30 days of extraordinary leave in one half-year trims 3 days from the credit at the start of the next, leaving 12. The 15-day cap bites at 150 days of extraordinary leave in a half-year: beyond that, the whole of the next credit is wiped out and nothing carries into the half-year after.

Half pay leave works differently, and this is the point at which the two credits part company. Rule 29(2)(d) reduces the half pay leave credit by one-eighteenth of the period, subject to a maximum reduction of ten days, only where a period of absence or suspension has been treated as dies non. Extraordinary leave is not named in Rule 29(2)(d), while Rule 27(3) names extraordinary leave and dies non together. So a spell of extraordinary leave cuts the earned leave credit and leaves the 10 days of half pay leave credited on 1 January and 1 July untouched, whereas a period treated as dies non cuts both.

House rent allowance and transport allowance

House rent allowance continues at the pre-leave rate for the first 180 days of extraordinary leave. Paragraph 6.1.1 of the Department of Expenditure master order, Office Memorandum No. 2/4/2022-E.II(B) dated 30 December 2022, admits house rent allowance during total leave of all kinds under the CCS (Leave) Rules, extraordinary leave included, not exceeding 180 days. Beyond 180 days it continues only against the certificate in Annexure III to that order, and the outer limit extends to 8 months where the leave is on medical certificate for tuberculosis, cancer or other ailments. Terminal leave carries no house rent allowance at all.

The 180-day figure counts leave of all kinds together, not extraordinary leave separately. An employee who has already spent four months on half pay leave before moving to extraordinary leave reaches the 180-day point two months into the unpaid spell, not six.

Transport allowance is tested by the calendar month instead. It is not admissible for a calendar month wholly covered by leave, by deputation abroad, by tour, by training abroad, or by suspension. A spell of extraordinary leave that does not cover a whole calendar month costs nothing in transport allowance, and one that covers three whole months costs three months of it.

Provident fund subscription

Provident fund subscription during extraordinary leave is optional, and the default on silence is that it continues. The first proviso to Rule 7(1) of the General Provident Fund (Central Services) Rules 1960 allows a subscriber, at his option, not to subscribe during leave which either carries no leave salary or carries leave salary equal to or less than half pay or half average pay. Extraordinary leave is squarely within the first limb.

Rule 7(2) sets the manner of the election and the consequence of missing it. A subscriber who draws his own bills elects by making no deduction on account of subscription in the first pay bill drawn after proceeding on leave; one who does not elects by written communication to the Head of his Office before proceeding on leave. Failure to make due and timely intimation is deemed to constitute an election to subscribe, and the option once intimated is final. An employee going on a long spell of unpaid leave who says nothing therefore remains a subscriber, and the subscription accumulates as a recovery against the pay drawn on return to duty rather than lapsing.

Note 3 to Rule 7(1) exempts a period treated as dies non from subscription outright, without any election, which is another place where dies non and extraordinary leave are treated differently. The General Provident Fund is in any case confined to employees appointed before 1 January 2004; an employee under the National Pension System contributes a percentage of basic pay plus dearness allowance, and a month with no pay produces no contribution from either the employee or the government.

Conversion into another kind of leave

A spell of extraordinary leave can be converted into paid leave after the event, on a request made within 30 days. Rule 10(1) of the CCS (Leave) Rules 1972 allows the authority which granted the leave to commute it retrospectively, at the request of the government servant, into leave of a different kind which was due and admissible at the time the leave was granted, and states in terms that the servant cannot claim such commutation as a matter of right. The proviso, inserted by DoPT Notification No. 14015/2/97-Estt.(L) dated 31 December 1997, bars consideration of a request not received by that authority, or any other authority designated in that behalf, within a period of 30 days of the servant joining duty on the expiry of the relevant spell of leave availed.

Rule 10(2) settles the money. The commutation is subject to adjustment of leave salary on the basis of the leave finally granted, so any amount paid in excess is recovered and any arrears due are paid. Converting extraordinary leave into half pay leave therefore produces an arrear payment rather than a recovery, because the leave salary moves from nil under Rule 40(5) to half the Rule 40(1) amount under Rule 40(3).

This is the ordinary route by which a hospitalisation is regularised. A long illness is often covered by extraordinary leave at the time because the certificate is not in hand or the balances are uncertain; once both are settled, the employee asks for the spell to be commuted into the half pay leave or commuted leave that was in fact due, and recovers the leave salary. A Note to Rule 10(2) adds a further route: extraordinary leave granted on medical certificate or otherwise may be commuted retrospectively into leave not due, subject to Rule 31, which is how an employee with no balance at all can still end up on half pay for the period.

The 30-day window is the part that defeats most claims. It runs from joining duty on the expiry of the spell, not from the date the medical certificate is obtained, so an employee who returns to duty and then spends two months assembling the paperwork is out of time.

Regularising an unauthorised absence

Rule 32(6) of the CCS (Leave) Rules 1972 allows the authority competent to grant leave to commute retrospectively periods of absence without leave into extraordinary leave. This is the reverse of the Rule 10 power and a different provision: Rule 10 converts one kind of leave into another, while Rule 32(6) converts something that was not leave at all into extraordinary leave.

What it buys is continuity. An unregularised absence is a break in service, with consequences for qualifying service and for seniority; converted into extraordinary leave, the absence is authorised and the service runs unbroken. It buys nothing else. The period stays unpaid, because Rule 40(5) fixes the leave salary on extraordinary leave at nil, and whether it counts for pension is then decided under Rule 21 like any other spell of extraordinary leave.

Rule 27(2) of the CCS (Pension) Rules 2021 carries a parallel power on the pension side, letting the appointing authority commute a period of absence without leave retrospectively as extraordinary leave. Rule 27(1) of those rules is the reason it matters: an interruption in service entails forfeiture of past service, subject to listed exceptions, and authorised leave of absence is one of the exceptions. Regularisation under Rule 32(6) or Rule 27(2) moves the absence into that exception.

Rule 32(6) does not displace disciplinary action. Wilful absence remains liable to proceedings under the CCS (CCA) Rules 1965 whether or not the period is later regularised as extraordinary leave, and the two questions are decided separately.

Extraordinary leave as the residue of an overstayed leave

An employee who overstays sanctioned leave lands on extraordinary leave by operation of Rule 25(1), without applying for it. Unless the authority competent to grant leave extends the leave, a government servant who remains absent after the end of leave is entitled to no leave salary for the period of such absence, and that period is debited against the leave account as though it were half pay leave to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.

The order of the debit is what surprises people. The excess falls first on the half pay leave account, not on earned leave, so an employee who overstays can return to find the earned leave balance intact and the half pay leave balance emptied, with the remainder converted into extraordinary leave. That converted period is extraordinary leave for every purpose: it draws nothing under Rule 40(5), it cuts the next earned leave credit under Rule 27(3), and it is non-qualifying for pension unless it falls within Rule 21.

Rule 25(2) adds that wilful absence from duty after the expiry of leave renders a government servant liable to disciplinary action. Rule 25 does not treat the overstayal as dies non, which is the common misreading; the period is leave, of the least favourable kinds available, and dies non is a separate treatment applied by a separate order.

Exclusion from leave preparatory to retirement

Extraordinary leave cannot be taken as leave preparatory to retirement. The Note to Rule 38 of the CCS (Leave) Rules 1972 states that the leave granted as leave preparatory to retirement shall not include extraordinary leave. Rule 38(1) permits leave preparatory to retirement to the extent of earned leave due, not exceeding 300 days, together with half pay leave due, subject to the leave extending up to and including the date of retirement, the 300-day figure having been substituted for 240 days by DoPT Notification No. 13026/1/2002-Estt.(L) dated 15 and 16 January 2004.

The exclusion has a plain rationale. Leave preparatory to retirement is a way of spending accrued balances before they are encashed or lapse, and extraordinary leave is not an accrued balance. An employee whose paid balances are exhausted cannot extend the run-up to retirement on unpaid leave under Rule 38, and the interaction with leave encashment does not arise, because there is nothing to encash.

Combination with other leave

Rule 11 of the CCS (Leave) Rules 1972 allows any kind of leave to be granted in combination with, or in continuation of, any other kind, except as otherwise provided in the rules. So extraordinary leave can be prefixed or suffixed to earned leave, half pay leave or commuted leave, and a single long absence is commonly built that way: paid leave first, then extraordinary leave once the paid accounts are empty, all treated as one continuous spell of absence.

The Explanation to Rule 11 carves out one head. Casual leave, not being recognised as leave under the rules, cannot be combined with any other kind of leave admissible under them, extraordinary leave included.

Combining leave does not loosen the Rule 32(2) ceilings for a temporary servant, because Rule 32(5) treats two spells of extraordinary leave intervened by any other kind of leave as one continuous spell for the purposes of sub-rule (2). Nor does it loosen Rule 12: the five-year cap is on continuous leave of any kind, so a combined absence is measured as a whole.

Comparison with the other kinds of leave

Kind of leaveRuleLeave salaryDebited to an accountCeiling
Earned leave26Full pay, Rule 40(1)Yes, earned leave account300 days accumulation
Half pay leave29Half pay, Rule 40(3)Yes, half pay leave accountNone on accumulation
Commuted leave30Full pay, Rule 40(4)Yes, twice the days against half pay leaveHalf pay leave due
Leave not due31Half pay, Rule 40(3)Yes, against half pay leave earned later360 days in the whole service
Extraordinary leave32Nil, Rule 40(5)No3, 6, 18 or 24 months per occasion if not in permanent employ; otherwise the Rule 12 five-year cap

Extraordinary leave is the only head in that table with no account behind it and no leave salary, and the only one whose ceiling depends on whether the servant holds a permanent post. It is also the only one that reduces the next earned leave credit, under Rule 27(3), which it shares with dies non alone.

Frequently Asked Questions (FAQs)

What is extraordinary leave?
Extraordinary leave is leave carrying no leave salary at all, granted under Rule 32(1) of the CCS (Leave) Rules 1972 to a government servant other than a military officer, either when no other leave is admissible or when other leave is admissible but the servant applies in writing for extraordinary leave. Rule 40(5) fixes the leave salary at nil. It is the head under which a long absence stays authorised once the paid leave accounts are empty: the servant remains in service and the post is held, and nothing is paid for the period.
Does extraordinary leave carry any pay?
No. Rule 40(5) of the CCS (Leave) Rules 1972 states that a government servant on extraordinary leave is not entitled to any leave salary. It is the only kind of leave in the rulebook that is wholly unpaid. Rule 40(1) pays earned leave at the pay drawn immediately before the leave, Rule 40(3) pays half that on half pay leave and on leave not due, and Rule 40(4) pays the full Rule 40(1) amount on commuted leave.
How long can extraordinary leave be granted for?
Rule 32(2) caps it on any one occasion at three months under clause (a), six months under clause (b) where the servant has completed one year of continuous service on the date of expiry of leave of the kind due and admissible and the request is supported by a medical certificate, eighteen months under clause (d) where a servant with one year of continuous service is under treatment for pulmonary tuberculosis or pleurisy of tubercular origin, tuberculosis of any other part of the body, leprosy, or cancer or mental illness, and twenty-four months under clause (e) for studies certified to be in the public interest after three years of continuous service. Each higher limit is inclusive of the three months under clause (a). The ceilings bind only a servant who is not in permanent or quasi-permanent employ, and the President may determine otherwise in view of the exceptional circumstances of a case.
Do the Rule 32(2) ceilings apply to a permanent employee?
No. Rule 32(2) opens with the words ’no Government servant, who is not in permanent employ or quasi-permanent employ’, so a permanent or quasi-permanent servant is outside the graded limits entirely and may be granted extraordinary leave for as long as the circumstances justify. The only limit that binds is Rule 12(1), which bars leave of any kind for a continuous period exceeding five years.
Is a probationer bound by the Rule 32(2) ceilings?
It depends on the post, not on the label. Rule 33(2) entitles a person appointed to a post on probation to leave as a temporary or a permanent government servant according as the appointment is against a temporary or a permanent post, and the proviso entitles a person who already holds a lien on a permanent post to leave as a permanent servant. So a probationer appointed against a permanent post is outside the Rule 32(2) ceilings, while one appointed against a temporary post is bound by them. An apprentice is covered separately by Rule 33(3), which allows leave on medical certificate at half pay for not more than one month in any year of apprenticeship, plus extraordinary leave under Rule 32.
Is extraordinary leave debited to the leave account?
No. Extraordinary leave is not carved out of any leave account, because it is granted when the accounts are empty rather than drawn from an accrued credit. It does reduce the next advance credit of earned leave: Rule 27(3) cuts the credit afforded at the commencement of the next half-year by one-tenth of the extraordinary leave availed, subject to a maximum reduction of 15 days. That is an accrual effect on earned leave, not a debit of extraordinary leave itself.
Does extraordinary leave reduce the half pay leave credit as well?
No. Rule 29(2)(d) of the CCS (Leave) Rules 1972 reduces the half pay leave credit by one-eighteenth of the period, subject to a maximum of ten days, only where a period of absence or suspension has been treated as dies non. Extraordinary leave is not named in Rule 29(2)(d). This is the point at which the two credits part company: Rule 27(3) names extraordinary leave and dies non together for earned leave, while Rule 29(2)(d) names dies non alone for half pay leave.
Does extraordinary leave count for increment?
Extraordinary leave taken on a medical certificate counts, because FR 26(b)(ii) counts all leave for increment except extraordinary leave taken otherwise than on medical certificate. Extraordinary leave taken for any other reason does not count unless the President, satisfied that it was taken for a cause beyond the government servant’s control or for prosecuting higher scientific and technical studies, directs under the proviso to FR 26(b)(ii) that it shall count. Where it does not count, the proviso to FR 26(a) adds the period to the normal date of increment.
By how much is the increment postponed?
In practice by six months, not by the exact length of the leave. The proviso to FR 26(a) adds the non-counting period to the normal date of increment, but increments under Rule 10 of the CCS (Revised Pay) Rules 2016 fall only on 1 January or 1 July. Where the addition means the qualifying service at the stage is incomplete on the employee’s increment date, the increment and the date of next increment move to the next increment date six months later. The increment is deferred, not forfeited.
Does extraordinary leave count as qualifying service for pension?
Extraordinary leave granted on medical certificate counts, under Rule 21 of the CCS (Pension) Rules 2021. For extraordinary leave other than on medical certificate, the appointing authority may at the time of granting the leave allow it to count, and the proviso confines that to two grounds: inability to join or re-join duty on account of civil commotion, and prosecuting higher scientific and technical studies. Any other extraordinary leave is non-qualifying, subject to the Explanation.
What happens if no service book entry is made?
The period counts. The Explanation to Rule 21 of the CCS (Pension) Rules 2021 requires a definite entry in the service book that the extraordinary leave shall not be treated as qualifying service, made at the time of grant or subsequently but not later than six months before the date of retirement on superannuation, and states that if no such entry is made the period shall be treated as qualifying service. The burden sits on the office to record the exclusion, not on the employee to earn the inclusion.
Is house rent allowance paid during extraordinary leave?
Yes, for the first 180 days. Paragraph 6.1.1 of the Department of Expenditure master order, Office Memorandum No. 2/4/2022-E.II(B) dated 30 December 2022, allows house rent allowance at the pre-leave rate during total leave of all kinds under the CCS (Leave) Rules, extraordinary leave included, not exceeding 180 days. Beyond 180 days it continues only against the certificate in Annexure III to that order, and the limit extends to 8 months for leave on medical certificate for tuberculosis, cancer or other ailments. Transport allowance follows a different test: it is not admissible for a calendar month wholly covered by leave.
Does provident fund subscription stop during extraordinary leave?
Only if the subscriber elects to stop it. The first proviso to Rule 7(1) of the General Provident Fund (Central Services) Rules 1960 allows a subscriber, at his option, not to subscribe during leave which carries no leave salary. Rule 7(2) sets the manner of election and provides that failure to make due and timely intimation is deemed to constitute an election to subscribe, and that the option once intimated is final. So the default on silence is that the subscription continues and falls due as a recovery.
Can extraordinary leave be converted into another kind of leave later?
Yes, within a 30-day window. Rule 10(1) of the CCS (Leave) Rules 1972 allows the authority which granted the leave to commute it retrospectively, at the servant’s request, into leave of a different kind which was due and admissible at the time it was granted, and states that the servant cannot claim such commutation as a matter of right. The proviso inserted by DoPT Notification No. 14015/2/97-Estt.(L) dated 31 December 1997 bars consideration of a request not received within 30 days of the servant joining duty on the expiry of the relevant spell. Rule 10(2) then adjusts the leave salary on the basis of the leave finally granted.
Can extraordinary leave be granted to regularise absence without leave?
Yes. Rule 32(6) of the CCS (Leave) Rules 1972 allows the authority competent to grant leave to commute retrospectively periods of absence without leave into extraordinary leave. This keeps the service continuous rather than leaving a break or a period of dies non on the record. It carries no pay, because Rule 40(5) fixes the leave salary on extraordinary leave at nil. Rule 27(2) of the CCS (Pension) Rules 2021 carries the same power for the appointing authority on the pension side.
What happens if extraordinary leave runs past five years?
Rule 12(1) of the CCS (Leave) Rules 1972, inserted by DoPT Notification No. 13026/2/2010-Estt.(L) dated 29 March 2012, bars the grant of leave of any kind for a continuous period exceeding five years. Rule 12(2) provides that, unless the President in view of the exceptional circumstances of the case otherwise determines, a servant who remains absent for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned, after a reasonable opportunity to explain. A later proviso, added by DoPT Notification No. 18017/1/2014-Estt.(L) dated 3 April 2018, exempts a case where the leave is applied for on medical certificate in connection with a disability.
Can extraordinary leave be taken as leave preparatory to retirement?
No. The Note to Rule 38 of the CCS (Leave) Rules 1972 states that leave granted as leave preparatory to retirement shall not include extraordinary leave. Rule 38(1) permits leave preparatory to retirement to the extent of earned leave due, not exceeding 300 days, together with half pay leave due, on condition that the leave extends up to and includes the date of retirement. An employee whose paid balances are exhausted cannot extend the run-up to retirement on extraordinary leave.

External references

References

  1. Central Civil Services (Leave) Rules, 1972, Rule 32 (extraordinary leave): sub-rule (1)(a) and (b) the grant conditions, sub-rule (2)(a), (b), (d) and (e) the period ceilings and the deletion of clause (c), sub-rule (3)(a) and (b) the Form 6 bond and the two sureties, sub-rule (4) the Scheduled Caste and Scheduled Tribe pre-examination training relaxation, sub-rule (5) the aggregation of two spells, and sub-rule (6) the retrospective commutation of absence without leave.
  2. Ministry of Finance Notification No. P-11012/1/77-E-IV(A) dated 21 November 1979, substituting the sub-clauses of Rule 32(2)(d) on treatment for tuberculosis, pleurisy of tubercular origin, leprosy, cancer and mental illness.
  3. CCS (Leave) Rules, 1972, Rule 10 (commutation of one kind of leave into another), with the 30-day proviso inserted by DoPT Notification No. 14015/2/97-Estt.(L) dated 31 December 1997, sub-rule (2) on adjustment of leave salary, and the Note on commutation into leave not due subject to Rule 31.
  4. CCS (Leave) Rules, 1972, Rule 11 (combination of different kinds of leave) and its Explanation excluding casual leave.
  5. CCS (Leave) Rules, 1972, Rule 12 (maximum amount of continuous leave), inserted by DoPT Notification No. 13026/2/2010-Estt.(L) dated 29 March 2012, with the disability proviso added by DoPT Notification No. 18017/1/2014-Estt.(L) dated 3 April 2018.
  6. CCS (Leave) Rules, 1972, Rule 25 (absence after expiry of leave), Rule 27(3) (reduction of the earned leave credit by one-tenth for extraordinary leave and dies non, maximum 15 days, inserted by Ministry of Finance Notification No. 11012/1/77-E.IV(A) dated 21 November 1979), Rule 29(2)(d) (reduction of the half pay leave credit by one-eighteenth for dies non, maximum ten days), Rule 33 (leave to a probationer, a person on probation and an apprentice), Rule 38 and its Note (leave preparatory to retirement, with 300 days substituted for 240 days by DoPT Notification No. 13026/1/2002-Estt.(L) dated 15 and 16 January 2004), and Rule 40 (leave salary), sub-rules (1), (3), (4) and (5).
  7. Fundamental Rules: FR 26(a) and its proviso adding non-counting periods to the normal date of increment, and FR 26(b)(i) and (b)(ii) with the proviso empowering the President to direct that extraordinary leave taken for a cause beyond the government servant’s control or for prosecuting higher scientific and technical studies shall count for increments.
  8. Central Civil Services (Pension) Rules, 2021, Rule 21 (counting of periods spent on leave) with its proviso and Explanation, and Rule 27(1) and (2) (forfeiture of service on interruption, and retrospective commutation of absence without leave as extraordinary leave).
  9. Ministry of Finance, Department of Expenditure, Office Memorandum No. 2/4/2022-E.II(B) dated 30 December 2022, paragraph 6.1.1 and Annexure III (house rent allowance during leave of all kinds).
  10. General Provident Fund (Central Services) Rules, 1960, Rule 7 (conditions of subscription): sub-rule (1) and its first proviso, sub-rule (2) on the manner of election and the deemed election to subscribe, and Note 3 on dies non.
  11. Central Civil Services (Revised Pay) Rules, 2016, Rule 10 (date of next increment on 1 January or 1 July).