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================ Blog maintained by : P. Radhamohan Nair, Private Secretary to Post Master General, (Retired) Northern Region, Calicut, Kerala Circle=================

Monday, April 01, 2013

Leave Encashment with LTC - FAQs

Leave Encashment with LTC
SI. No. / Frequently asked Questions /Answer 
1. Whether encashment of leave is allowed after LTC is availed? 
Sanction of leave encashment should, as a practice, be done in advance, at the time of sanctioning the LTC. However, ex-postfacto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC. 

2. Whether encashment of leave with LTC can be availed at the time when the LTC is availed by the Government servant only or can leave be encashed at the time when LTC is availed by family members? 
Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or when his family avails it provided other conditions are satisfied. 
3. Whether leave encashment should be revised on retrospective revision of pay/D.A? 
In terms of 38-A of CCS(Leave) Rules, encashment of EL alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates. 
4. Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees? 
The Industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivalent of Half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006. {OM No. 12012/3/2009- Estt.(L) dated 28-12-2012}.

Children Educational Allowance Scheme - FAQs.

No.21011/08/2013-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (Allowances) Section

Children Education Allowance Scheme (CEA)
Sl. No. Frequently asked Question Answer
1 Whether Reimbursement of Children Education Allowance (CEA)for 3rd child is permissible if CEAhas not been claimed for 1st and or 2nd child? As per OM dated 2.9.2008 CEAis admissible for two school going children does it mean any two school going children? No. Reimbursement of CEA is not permissible for third child even if reimbursement has not been claimed in respect of first and/or second child. However, as per OM No.12011/03/2008- Estt.(AL) dated 11.11.2008, the Children Education Allowance would be admissible for more than two children where as a result of the second child birth results in birth of twins or multiple children. Further, reimbursement of CEAfor the 3? child is also admissible in case of failure of sterilization operation. Such reimbursement• is admissible only for the first child birth after failure of sterilization operation. This point was further clarified vide O.M. No.12011/16/2009-Allowance) dated 13.11.2009.
2 What types of fee are reimbursable? Whether Annual Charges and Transportation fees are reimbursable? Whether reimbursement towards purchase of school bag, water bottle, uniform, shoes and stationery is admissible? As per OM No.12011/03/2008-Estt.(AL) dated 2.9.2008, tuition fee, admission fee, laboratory fee, special fee charged for agriculture, electronics, music or any other subject, fee charged for practical work under the programme of work experience, fee paid for the use of any aid or appliances by the child, library fee, games/sports fee and fee for extra-curricular activities are reimbursable subject to the condition that the aforementioned fee are charged by the school directly from the student. No reimbursement is permissible for Annual Charges and Transportation fees. Besides, reimbursement for purchase of one set of text books and notebooks, two sets of uniforms prescribed by the school in which the child is studying, one pair of shoes, in an academic year are reimbursable. Uniform include all items of clothing prescribed for a day, as uniform by the school, irrespective of colours/winter/summer/PT uniforms. Reimbursement of school bags, pens/pencils, water bottle, stationery etc., may not be allowed. O.M. No.12011/08/2010-Estt.(AL) dated 30.12.2010and O.M. No.12011/07(i)/2011- Estt.(AL) dated 21.02.2012 refers.
3 Whether CEA has been increased by 25% as a result of enhancement ofDearness allowancebeyond 50%? The Department’s OM No.12011/03/2008-Estt.(AL) dated 2.9.2008 clearly indicates that the limits “would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%. There is no need for any separate order from this Department to effect enhancement of CEA as a result of increase in DA by 50%. However, O.M. No.12011/01/2011-Estt.(Allowance) dated 4th May, 2011, has been issued to clarify this further.
4 Whether CEA can be claimed for the child for the same class twice? The reimbursement of CEA is not linked to the performance of the child in his class. Even if a child fails in a particular class, the reimbursement is permissible.However, if the child is admitted in the same class in another school, although the child has passed out of the same class in previous school or in the mid-session, CEA shall not be reimbursable.
5 Whether CEA/Hostel Subsidy is allowed for initial two years of Diploma Courses? Children Education Allowance/Hostel Subsidy is allowed for the initial two years of a diploma/ certificate course from Polytechnic / lTl / Engineering College, if the child pursues the course after passing 10th standard and the Government servant has not been granted CEA/Hostel Subsidy in respect of the child for studies in ¡n 11th and 12th standards. This is further subject to fulfillment of other conditions laid down in the OM. No.12011/03/2008-Estt.(AL) dated 2.9.2008 and subsequent instructions issued from time to time.
6 What is hostel subsidy? The term Hostel Subsidy would mean expenses incurred by the Government servant if he/she keeps his/her children in a hostel of a residential school/institution located beyond a distance of 50 kilometers from his/her residence.
7 Whether Hostel subsidy is reimbursable irrespective of transfer liability? Hostel Subsidy is reimbursable to all Central Government Employees covered by the scheme, for keeping their ward in the Hostel of a residential school away from the station in which the employee is posted or residing irrespective of any transfer liability.
8 Whether Hostel subsidy can be reimbursed if the child is staying in a Hostel which is not part of residential school where he is studying? No, Hostel subsidy is reimbursable only in case of child studying in a residential school and staying in hostel of the said residential school.
9 What are the components of hostel subsidy? Hostel subsidy includes fee charged for boarding, lodging in addition to fee as mentioned in para 1(e) of OM No. 12011/03/ 2008-Estt.(AL) dated 2.9.2008.
10 Whether a Government servant is allowed to get 50% of the total amount subject to the overall annual ceiling in the first quarter and the remaining amount in third and/or fourth quarter? Reimbursement of 50% of the entitled amount for the academic year can be allowed in the first and/or second quarter and the remaining amount can be reimbursed in the third and/or fourth quarter. The entire entitled amount can also be reimbursed in the last quarter. However, frontloading of the entire admissible amount is not permissible. O.M. No.12011/07(i)/2011- Estt.(AL) dated 21.02.2012 refers.
11Whether any age limit been prescribed reimbursement of CEA respect of children studying nursery classes?There is no minimum age prescribed for reimbursement of CEA in respect of children admitted in nursery classes.

 However, with regard to physically challenged children the minimum age of 5 (five) years was prescribed for disabled children undergoing non- formal/vocational education. With effect from 21st February, 2012, the minimum age stipulated as 5 years for disabled children stand removed.

Hence, there is no minimum age of child for whom reimbursement is claimed irrespective of the fact whether the child is disabled or not. The maximum age for normal child is 20 years and for physically challenged children the maximum age is 22 years. O.M. No.12011/07(ii)/2011-Estt.(AL) dated 21.02.2012 refers.
12 Whether the school/institution should be recognized? The school institution has to be recognized by the Central or State Government or UT administration or by University or a recognized educational authority having jurisdiction over the area where the institution is situated. This also applies in respect of children studying in two classes prior to Class-I. i.e.. nursery /LKG / UKG, etc., OM No.12011/03/2008-Estt.(AL) dated 23.11.2009.
13 Whether CEA is payable for the children of Central Government employees and studying abroad, including children of citizens of Nepal/Bhutan but working in Government of India, and their children are studying in the schools in their native place? The CEA is payable for the children of all Central Government employees including citizens of Nepal and Bhutan, who are employees of Government of India, and whose children are studying in the native place. However, a certificate may be obtained from the concerned Indian Mission that the school is recognized by the educational authority having jurisdiction over the area where the institution is situated.
14 What constitutes “Fee” as per para 1(e) of the 0.M. dated 2/9/2008 and whether fee paid for extra-curricular activities to some other institute and reimbursement of school bags, pens/pencils, etc., can be allowed? Is there any item- wise ceiling? “Fee” shall mean fee paid to the school in which the child is studying, directly by the parents/guardian for the items mentioned in para 1(e) of the OM. dated 2/9/2008. Reimbursement of school bags, pens/pencils, etc., may not be allowed. There is no item-wise ceiling. O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers.
15 Whether reimbursement can be allowed in case the original receipts are misplaced and duplicate receipts are produced by the Government servant? Are the original receipts required to be attested/ countersigned / rubber stamped by the school authorities? In case of misplacement of receipts given by the school/institution towards charges received from the parents/guardian, reimbursement may be allowed if the Government servant produces a duplicate receipt, duly authenticated by the school authorities. Receipts from private parties, other than the school, if misplaced shall not be entertained, even if a duplicate receipt is produced. Original receipts from school authorities need not be attested/ countersigned/rubber stamped by the school authorities. O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers.
16 Whether Development Fee / Parents Contribution charged by the school/institution is reimbursable? Reimbursement of Development Fee/Parents’ Contribution is allowed w.e.f. 2l’ February, 2012, vide O.M. No.1201 L/07(ii)1201 l-Estt.(AL) dated 21.02.2012, on pro-rata basis, subject to the condition that the Government servant will have to certify that the school does not charge tuition fee. However, in respect of children studying in Kendriya Vidyalaya., the Vidyalaya Vikas Nidhi is reimbursable as it forms part of para 1(e) of O.M. No.12011 /3/2008-Estt.(Allowance) dated 2.9.2008. O.M. No.12011/16/2009- Estt(Allowances) dated 13.11.2009 refers.
17 Whether reimbursement of fee charged directly by the school for catering to the special needs of the child with disabilities duly certified by the concerned school authorities, in addition to items mentioned in para 1(e) of O.M. dated 2.9.2008. is permissible?Reimbursement of fee charged directly by the school for catering to the special needs of the child with disabilities duly certified by the concerned school authorities, in addition to items mentioned in para 1(e) of O.M. dated 2.9.2008, is allowed w.e.f. 211t February, 2012.