Gratuity and Encashment of HPL not allowed on resignation but 1/2 of Earned Leave will be encashed subject to a maximum of 150 Days vide Rule 39 (6)(a)(ii) CCS Leave Rules 1972
Query:-
A person tenders his resignation from the service of an Autonomous Body (not technical resignation) after serving the institute for 09 years. The concerned person was employed under New Pension Scheme. He has no EL left in his account.
Our questions are:-
1. Whether he will receive his gratuity for the period he served?
2. Whether he will be able to encash his HPL balance credit in his account?
Answer:- A person submitting a resignation will not be entitled to Gratuity vide G.I. Dept. of Pen, & P.W O.M. No. 7/5/2012-P&PW(F)/B dated 26-08-2016 incorporated in Swamy's Compilation of New Pension Scheme (Cat NoC-62, Edition 2019) read with Rule 26(1) of Swamy's Compilation of CCS (Pension) Rules (Cat. No. C-2, Edition 2020). Government Servant quitting service on resignation will be granted Cash equivalent of Earned Leave at his credit on the date of cessation of service to the extent of half of such leave subject to a maximum of 150days only vide Rule 39 (6)(a)(ii) incorporated in Swamy's Compilation of CCS(Leave) Rules (Cat No. c-6, Edition 2020). Therefore, the HPL will lapse.
Special Notes:-
(If a Government servant resigns or quits service, he may be granted, suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date of cessation of service, to the extent of half of such leave at his credit, subject to a maximum of 150 days. (DOPT Notification No. 14028/9/80 -Estt. (L), dated 01.10.1981) ("120 days substituted with 150 days" vide DOPT Notification No. 13026/1/99- Estt. (L), dated 18.04.2002))
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