300 Days Leave Encashment is now permitted for Reemployed Exservicemen
300 days Leave Encashment is now permitted for Reemployed Exservicemen working in Central Govt Departments as per some sources. A detailed study based on the existing rules and regulations applicable to Central Civil Services is here. However, in some department, the matter has created confusion if the 300 days Leave encashment for combat reemployed soldiers allowed or not. Combatant Defence Services Personnel are released from the Indian Armed Forces at early age and a large number of re-employed Exserviceman are working in various Departments/Ministries of Govt of India. The issue regarding authorization of 300 days leave encashment for Reemployed Exservicemen arises when DOPT issued their clarification back in 2017.
DOPT OM on 300 Days Leave Encashment for Reemployed Retired Pensioner
DOPT has issued clarification on entitlement of 300 days Leave encashment for reemployed exservicemen vide their letter No 14028/1/2017-Estt (L) dt 27.06.2017. According to para 2 of their OM dated 27.06.2017, Leave encashment of personnel reemployed after retirement will be governed by CCS Leave Rules 39 (6) (a) (iii) and they are entitled to encash 300 days Earned Leave including the leave encashed in their previous service. But it is to mention here that exservicemen are discharged/released from service on completion of terms and conditions of military service or medically invalidated out of service and their leave encashment will not be governed by Rule 39 of CCS Leave Rules of Govt of India. Since the previous employment is not covered under CCS Rules, hence question of counting of any benefits earned due to previous service will not be taken in to consideration.
DRDO sought Clarification of DOPT on 300 Days Leave Encashment for Reemployed Exservicemen
The case of leave encashment of reemployed Exservicemen was taken up with the DOPT by the DRDO separately for clarification. The DOPT has expressed their view as under :
“It is stated that any leave encashed by exservicemen at the time of their retirement from defence establishment may not be counted towards the total limit of three hundred days for leave encashment . They may be treated as having entered government service for the first time on the date of their re-employment as per Rule 34”
The Decision on leave encashment of Reemployed Exservicemen
In view of the above two Govt instructions, one is from DOPT and another is from DRDO under which another clarification of DOPT has been expressed is now reveals that the Reemployed Exservicemen are to be counted as fresh recruit for the purpose of Leave encashment in Govt Department and entitled to get benefit of Fresh 300 days of Leave Encashment during their Reemployment. However, in case of any confusion, we may file an RTI aplication to the nodal agenccy on the matter i.e DOP&T.
However, the exservicemen associations have approached the DOP&T in this regard and a clear cut order whcih will be free from ambiguity will be issued in near future. As it is known to all that the matter related to uniform pay fixation methodology is under active consideration of Dept of Expenditure, Ministry of Finance, theis issue will be taken with the DOP&T very soon.
Other issues i.e Reservation for Promotion under ESM quota for Reemployed Exservicemen will also be taken with them in the due course.
Many other issues which are required to be addressed to the proper authority and redressed soon, is being taken up by the ESM Organization soon.
All Exservicemen reempoloyed in Govr Organisation are requested to join AIREXSA and support them to fight for Rights of the Exservicemen Reemployed in State/Central Govt, PSU/ Autonomous body etc.
You may visit the official website of AIREXSA for membership – https://www.airexsa.co.in