Study Leave is granted to a Government employee, taking into account the essential needs of public service, to allow them to take part in a specialized course of study related to their duties. These studies will enhance their capabilities as civil servants, and equip them to work alongside other members of the public service. The Government stands to benefit from granting Study Leave, as it allows Government servants with such talents to provide better service. During the duration of Study Leave, the Government servant is entitled to their normal salary and Dearness Allowance, as well as House Rent Allowance. In addition, for courses taken outside of India, Study Allowance may be granted according to the Rules.
The Railway Board under the Ministry of Railways issued an important clarification order on 29th December 2022 and the text of the order is reproduced and given them below for your ready reference.
RBE No. 171/2022
GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
New Delhi, Dated: 29.12.2022
The General Managers/Principal Financial Advisers,
All Zonal Railways/Production Units etc.,
DGs of RDSO and NAIR.
Sub: Study Leave Rules – Clarification reg.
In terms of Rule 14 of the Study Leave Rules contained in Appendix -V of the Indian Railway Establishment Code (IREC) Vol-I(1985-Edition), if a Railway servant resigns or retires from service or otherwise quits service without returning to duty after a period of study leave or within a period of three years (eight years in the case of Railway Medical Service Officer who has been granted thirty-six months study leave under sub-rule (2) of rule (2)) after such return to duty, he shall be required to refund;
(i) the actual amount of leave salary, cost of fees, traveling and other expenses, if any, incurred by the Railways; and
(ii) the actual amount, if any, of the cost incurred by other agencies such as foreign Governments, Foundations, and Trusts in connection with the course of study, together with interest thereon at rates for the time being in force on Government loans, from the date of demand, from his resignation is accepted or permission, to retire is granted or his quitting service otherwise.
2. In this regard, references have been received from various Railways seeking the details of the “Government Loan”, the rate of interest of which is to be considered for charging the interest on the actual amount to be refunded by the Railway servant. Since DoP&T is the nodal Department on CCS(Leave) Rules, the matter was referred to them, who in turn asked M/o Railways to consult D/o Expenditure (M/o Finance).
3. After such due consultation, Board (MF & CRB) have considered the matter and decided as follows :
(i) The ‘Advances’ admissible to Government employees will be taken as ‘Government Loan’ as provided in Rule 14 of the Study Leave Rules contained in Appendix-V of IREC Vol I.
(ii) The highest rate of interest prevailing on a specific Advance at the relevant time will be taken as the ‘rate of interest’ for calculating the dues recoverable under Rule 14 of the Study Leave Rules.
(G. Priya Sudarsani)
Director, Finance (Estt.)