IREC Rule No.1412: Drawal Of Dearness Allowance During Leave And Joining Time
1412. Drawal Of Dearness Allowance During Leave And Joining Time:-
(I) Admissibility Of The Dearness Allowance During Leave:
(a) The allowance may be drawn during any period of leave other than (i) extra-ordinary leave, in or outside India and (ii) any portion of leave preparatory to retirement spent outside India, except that in cases of leave preparatory to retirement in India it will be admissible only during the first 180 days and in the case of terminal leave it will be admissible only during the first 120 days of the leave spent in India.
Note:
(1) During leave preparatory to retirement in India in excess of first 180 days or leave preparatory to retirement outside India, the dearness allowance an amount equal to the Dearness Pay if admissible, appropriate to the leave salary, if the leave is on full pay and half of such amount if otherwise, may be paid.
(2) In the case of a deceased Government servant, his family is entitled to the payment of cash equivalent of the leave salary that the deceased employees would have got, had he gone on earned leave but for the death, due and admissible on the date immediately following the date of death subject to a maximum 180 days of earned leave in terms of Rule 39(A)(a) of the Central Civil Service (Leave) Rules 1972. Such cash equivalent would also carry the appropriate amount of dearness allowance.
(b) The allowance during leave will be based on the leave salary actually drawn, both for the purpose of monetary limits within which the allowance is admissible and for calculation of the amount of the allowance.
Note:
(i) During terminal leave, the Dearness Allowance will be calculated on the gross leave salary before deduction of pension and pension equivalent of retirement benefits but the amount of Dearness Allowance payable to the employee on terminal leave should be reduced by the amounts of reliefs to pensioners that are admissible over and above the pension.
(ii) During study leave, the Dearness Allowance would be admissible in terms of Rule 1413.
[Authority: O.M.F.O.M. No.13011/1/E.II (B)/76, 18.02.1978]
(II) Admissibility Of The Dearness Allowance During Joining Time:-
During joining time as defined under Rule 1101 (FR-105), the allowance will be based on the joining time pay admissible under Rule 1113 (FR-107) except that in a case where an employee joins a new post in a new station on return from leave of not more than six months duration from leave of any duration when he had not sufficient notice of the appointment to the new post, allowance will be drawn at the same rate at which it was drawn before the commencement of the joining time.
(III) Admissibility Of The Dearness Allowance To Running Staff While On Leave: When running staff are on leave, they shall be entitled to be paid their leave salary based on their basic pay plus 30% thereof representing the pay element of running allowance and Dearness Allowance/Additional Dearness Allowance due on such pay plus 30% thereof.
[Authority: No.E(P&A)II-80/RS-10, 17.07.1981]
(2) For the purpose of computation of leave salary in the case of those drawing pay in pre-authorized scales of pay, Dearness Pay shall not be taken into account and the Dearness Allowance should be determined in the usual manner.