Can leave preparatory to retirement be refused?

Last Update: April 20, 2022

This is a question our experts keep getting from time to time. Now, we have got the complete detailed explanation and answer for everyone, who is interested!

Asked by: Herman Homenick
Score: 4.1/5 (28 votes)

Ordinarily, leave preparatory to retirement on superannuation, shall not be refused.

What is meant by leave preparatory to retirement?

(1) A Government servant may be permitted by the authority competent to grant leave to take leave preparatory to retirement to the extent of earned leave due, not exceeding 16[300 days] together with half pay leave due, subject to the condition that such leave extends up to and includes the date of retirement.

Can earned leave be denied?

The leave sanctioning authorities are, therefore, requested to ensure that the earned leave is not ordinarily denied to an employee. ... This does not confer any unbridled and arbitrary power on the sanctioning authority to deny leave at its whims. Only in the exigencies of public service can the authority refuse leave.

What is the rule of compulsory retirement?

(1)A Government servant compulsorily retired from service as a penalty may be granted, by the authority competent to impose such penalty, pension or gratuity or both at a rate not less than two-thirds and not more than1[full compensation pension] or gratuity or both admissible to him on the date of his compulsory ...

What is LPR leave?

LPR means leave preparatory to retirement and leave Encashment is the amount that is paid to the employee in return of the leaves in his/her credit at the time of retirement.


40 related questions found

How many days can casual leave be taken?

Casual Leave: These leave are granted for certain unforeseen situation or were you are require to go for one or two days leaves. In case of casual leave normally company's strict maximum to 3 days in a month. In these case either the person has to take the permission in advance or has to be regulated on joining.

How many years of service is required for full pension?

The state Judicial Officers who have completed 20 years of service are entitled to full pension. However, qualifying service in respect of State Judicial Officers retiring between 1/1/2006 and 1/9/2008 shall be calculated as per existing Rules.

Is compulsory retirement a punishment?

It has been a settled principle in various judgments of Hon'ble the Apex Court that compulsory/premature retirement is not a punishment as it does not leave any stain or stigma.

What age is compulsory retirement?

At present, the optional retirement age is 60 and the compulsory retirement age is 65. Why is there a concern on the retirement age of government employees? The concern is triggered by Congress and Senate bills proposing to lower the optional and compulsory retirement age of government employees.

Which Government stopped old pension?

NPS started with the decision of the Government of India to stop defined benefit pensions for all its employees who joined after 1 April 2004.

Is Sunday included in earned leave?

Casual Leave is not earned by duty. ... Saturdays, Sundays, restricted holiday and holidays, whether intervening, prefixed or sufficed, shall not be counted as Casual Leave. iv. CL should not be granted for more than 5 days at any time, except under special circumstances.

Is Earned leave a right?

BENGALURU: Earned leave is a privilege a workman would be entitled to only if he actually works and can't be earned as a matter of right if he hasn't worked. The high court made this observation while upholding the contention put forward by Vijaya Bank in connection with one of its reinstated employees.

How many El can be taken at a time?

vii. The maximum amount of Earned Leave that can be granted to a member of the staff at a time shall be 180 days. viii. EL may be taken at a time up to 300 days as leave preparatory to retirement.

How many HPL can be encashed?

How to Calculate Leave Encashment. As per the rule, Eligible employees can encash a total of 300 days Earned Leave, n case earned leave less than 300 days, then the remaining leaves can be taken from HPL, in total 300 days allowaed for leave encashment at the time of retirement.

Which does not count as qualify service for pension purposes?

Undertakings (PSUs) before joining service under the Government is not counted for the purpose of pension in Government.

What is the rule of leave encashment?

Therefore, members of the All India Services are entitled for encashment, of earned leave for 10 days each subject to the maximum of 60 days in the entire career; and a maximum of 300 days of earned leave on retirement/death under rule 20A of the All India Services(Leave) Rules, 1955.

What is the minimum retirement pay?

The minimum retirement pay shall be equivalent to one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one (1) whole year. The term “one-half month salary” is equivalent to 22.5 days, as it consists of the following: 1.

Who is entitled for retirement pay?

"In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the ...

Can you be forced into retirement?

In most professions, forced retirement based on age is illegal. Although many employers used to have a mandatory retirement age, this practice was eventually prohibited by the federal Age Discrimination in Employment Act (ADEA). ... The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC).

What is the rule of voluntary retirement?

Voluntary retirement-(a) A Government Servant who has attained the age of fifty years or who has completed twenty years of qualifying service may retire from service by giving notice of not less than three months in writing direct to the appointing authority with a copy marked to his immediate superior officer for ...

What are the new retirement rules?

The Secure Act already changed when required minimum distributions, or RMDs, from retirement accounts must begin to age 72, from 70½. Under the new House bill, those mandated annual withdrawals wouldn't have to start until age 73 in 2022, and then age 74 in 2029 and age 75 by 2032.

What is the difference between compulsory retirement and voluntary retirement?

Answer: Explanation: Voluntary retirement - As per govt rules employee usually retires 58/60. If the employee wants to quit the job and take retirement before the stipulated age and the scheme is included in the organization then it is known as the voluntary retirement.

Can pensions be stopped?

After a pension is sanctioned, its continuance depends on future good conduct vide Article 351, CSR [Rule 8, CCS (Pension) Rules, 1972] but it cannot be stopped or reduced for other reasons.

Which is the true retirement?

The traditional retirement age is 65 in the United States and most other developed countries, many of which have some kind of national pension or benefits system in place to supplement retirees' incomes.

Do IAS get pension?

After the 7th Pay Commission, IAS Officers get salaries almost equal to the private sector's pay scale. ... They get pension after their retirement, which is 50% of their last pay drawn. While the pension is not fixed, they do get Dearness Allowance (DA) every six months.