BPMS correspondence for Hospital Leave in case of
injury on duty
REF: BPMS / OFB / Leave / 57 (7/3/L)
Dated: 10.07.2017
To,
The Director IR,
Ordnance Factory Board,
10 A, S K Bose Road,
Kolkata - 700001
Subject:
Extension of Injury Leave beyond 28 months
in factory accident case.
Reference: Minutes of 21st SCM of JCM-III Level Council (OFB)
held on 30.03.2017
Respected Sir,
Having
gone through the minutes circulated vide OFB letter
No.20/14/21(11)/A/IR, Dated 15.05.2017, it is observed that
Secretary,
Staff Side Shri R Srinivasan has raised the issue that the
employee who
met with an accident while on duty is being granted hospital
leave upto
120 days with full pay and thereafter he may be granted half
pay leave
upto 28 months. But after 28 months there is no benefit, no
pay is
allowed because there is no provision of half pay leave.
Minutes further
states that the matter has been taken up with MoD wide OFB
letter No.
1240/Per/Policy/Accident, Dated 24.06.2016.
In this regard, it is
submitted that Rule 46 of CCS (Leave) Rules, 1972 &
Article 291 of
Civil Service Regulations deals with the Hospital Leave.
As per
Rule 46 of CCS (Leave Rules) the authority competent to grant
leave may
grant hospital leave to Class IV & Class III Government
servants,
while under medical treatment in a hospital or otherwise, for
illness or
injury not exceeding 28 months. Hospital Leave may be
granted for 120
days equal to earned leave and the remaining period will be
equal to
half pay leave.
Min of Defence ID No. 11(13)(60)1511/D(Civ-II),
Dated 10.02.1961 under Article 291 of CSR states that it has
been
decided in modification of the provisions of Article 291,
Civil Service
Regulations that hospital leave may be granted upto 03 months
on full
pay or six months on half pay in any period of three years to
all class
IV Government servants and also to those class III Government
servants
whose duties involve handling of dangerous machinery,
explosive
materials, poisonous drugs, etc. or the performance of
hazardous tasks.
Further,
it states that Industrial staff will also be entitled to
hospital leave
in the same manner as indicated above. Subsequently, vide
MoD ID No.
11(13)60/5678/D (Civ-II), Dated 28.05.1962 it was clarified
that all
categories of staff other than Gazetted Officers in the
Defence
Establishments will be entitled to hospital leave.
Further, MoD issued Memo No. 11(6)67/5255/D(Civ-II), Dated
15.05.1967 which reads as under:-
"The
Government has had under consideration for some time the
question of
removing the restrictions on the quantum of hospital leave to
Government
servants who suffer illness or injury directly due to risks
incurred in
the course of their official duties.
The President is now pleased
to decide that the categories of the Defence civilians
eligible for
this kind of leave in terms of Defence Ministry‟s Office
Memorandum No.
11(13)/60/1511/D(Civ-II), Dated 10.02.1961 and 11
(13)/60/5678/D(Civ-II) ,
dated 28.05.1962 will be entitled to hospital leave without
any
restriction on the quantum of leave. This kind of leave can
be granted
for such period as is considered necessary by the authority
competent to
grant it.
The decision takes effect from 31.03.1967.
Article 291 Civil Services Regulations will be amended in due
course."
From
above, it may be deduced that all the employees (upto Non-
Gazetted) of
Ord Fys are entitled for hospital leave without any
restriction on the
quantum of leave if he met with accident while on duty.
Therefore, you are requested to issue necessary clarification
to resolve the issue without further delay.
Thanking you.
Sincerely yours
S/d,
(MUKESH SINGH)
Secretary/BPMS & Member,
JCM-II Level Council
(MOD).
Signed Copy
