Leave Preparatory to Retirement Rule 38 of CCS Leave Rules: A Complete Guide for Government Servants

As government servants approach retirement, it is important to ensure a smooth transition from active service to retirement life. The Central Civil Services (Leave) Rules provide for a special kind of leave called Leave Preparatory to Retirement, allowing employees to utilize their earned and half pay leave while still in service, leading up to their retirement.

This type of leave ensures that government servants can wrap up official responsibilities, plan post-retirement life, and take a deserved break without affecting their retirement benefits.

1. What is Leave Preparatory to Retirement?

Leave Preparatory to Retirement is the leave granted to a government servant immediately before retirement, ensuring that:

• The leave extends up to the date of retirement.
• It includes earned leave and half pay leave due, but does not include extraordinary leave.
• Maximum earned leave allowed under this rule is three hundred days (as per recent notification; previously it was 240 days).

Illustration:
Mr. A has 250 days of earned leave and 50 days of half pay leave at the time of retirement. He can apply for Leave Preparatory to Retirement so that he remains on leave up to his retirement date, utilizing both earned and half pay leave, totaling 300 days.

2. Leave Preparatory to Retirement for Government Servants on Foreign Service

Government servants sometimes serve under foreign employers, including:

• Local authorities, corporations, or companies wholly or substantially owned or controlled by the government.
• Bodies controlled or financed by the government.

Key Provisions:

1. Approval: The decision to grant or refuse leave is taken by the foreign employer, but only with the concurrence of the lending authority under the Central Government.
2. Encashment: Government servants on foreign service are allowed to encash earned leave at the time of retirement, in accordance with Rule 39.
3. Exceptions:
   • If a government servant continues to serve under a foreign employer not covered above, leave preparatory to retirement is admissible only when the employee quits the foreign service.
   • In such cases, cash payment in lieu of leave is not permitted if the employee continues in service.

Illustration:
Ms. B works in a government-owned corporation abroad. She wishes to avail Leave Preparatory to Retirement. The foreign employer must approve this leave with the Central Government’s concurrence, and she may encash her earned leave upon retirement.

3. Key Features of Leave Preparatory to Retirement

• Maximum Limit: Up to 300 days of earned leave plus the half pay leave due.
• Inclusion of Half Pay Leave: Both earned leave and half pay leave can be used.
• Exclusion of Extraordinary Leave: Extraordinary leave is not counted as part of Leave Preparatory to Retirement.
• Encashment Facility: Government servants can receive payment for unutilized earned leave at the time of retirement.
• Applicability to Foreign Service Employees: Special rules ensure approval by foreign employer and coordination with lending authority.

4. Why Leave Preparatory to Retirement Matters

1. Smooth Transition: Employees can wind up pending tasks and hand over responsibilities systematically.
2. Health and Wellbeing: Provides a period of rest before retirement, reducing stress.
3. Financial Benefit: Enables leave encashment for unutilized earned leave.
4. Flexibility for Foreign Service: Ensures rules adapt to employees serving in government-owned or controlled organizations abroad.

Illustration:
Mr. C, a senior officer, plans to retire on 30th June. He has 280 days of earned leave. By applying for Leave Preparatory to Retirement starting 1st January, he can remain on leave until his retirement date, while encashing any unused leave balance.

5. Summary

• Leave Preparatory to Retirement allows government servants to use up earned and half pay leave immediately before retirement.
• Maximum earned leave allowed is three hundred days.
• Extraordinary leave is excluded.
• Special provisions exist for employees on foreign service.
• Enables a smooth, well-planned transition to post-retirement life.
• Leave encashment provides financial security.

Illustration Recap:

• Regular employees: Can take up to 300 days earned leave + half pay leave.
• Foreign service employees: Leave subject to foreign employer approval; encashment allowed.
• Extraordinary leave: Cannot be counted.