This 1997 Office Memorandum from the Department of Personnel & Training addresses the regularisation of the absence period for migrant employees from Jammu & Kashmir. It clarifies that Earned Leave (E.L.) accumulated before migration will not be adjusted against the migration period and remains available for encashment upon retirement. It also outlines provisions for paying salaries for periods prior to migration, subject to verification, and addresses the consequences for refusing postings in the Valley despite being posted there in the public interest. The memorandum is a one-time measure and existing cases with granted leave should be reviewed accordingly. It applies to all Ministries/Departments of the Government of India and was issued in consultation with the C&AG for those serving in the Indian Audit and Accounts Department.
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No. 18016/2/94-Estt. (L)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
New Delhi, the 30 April, 1997
OFFICE MEMORANDUM
Subject:- Regularisation of the period of absence of J & K Migrant Employees-
The undersigned is directed to refer to this Deptt’s OM No. 18016/5/90-Estt. (L) dt. 4.8.92, regarding regularisation of the period of absence of J & K Migrant Employees who have resumed their duty or have been adjusted elsewhere, and to say that the position has since been reviewed by the Government and it has now been decided that, in partial modification of the said OM, the period of absence of these employees may be regularized as follows:-
(i) The S.L. which was at the credit of Central Govt. migrant employees at the time of their migration from the Valley will not be adjusted against the migration period and will remain available, in respect of those migrant employees who have already retired or may retire in future, for the purpose of payment of encashment of leave on the date of their retirement.
(ii) The pay and allowances of these migrant employees pertaining to any period prior to their migration for which the said employees may not have been able to draw for one reason or the other, shall be paid to them by the respective Heads of the Offices to which they are attached after verification of their claims.
(iii) Those migrant employees who are posted by the concerned Ministries/Departments/Offices against any post outside the Valley in public interest but refuse to join their duty, shall not be entitled to the concessions available to migrant employees including grant of leave salary, apart from any disciplinary action which the Govt. may deem fit as per circumstances of the case.
Provided that nothing contained in this para is intended to give a right to the employees of any Deptt. to refuse a posting in the Valley if such a posting becomes necessary or desirable in public interest.
- The other terms and conditions mentioned in the aforesaid OM dt. 4.8.92 shall, mutatis mutandis, remain the same.
- This may be treated as a one-time measure. The cases decided earlier, where Earned Leave/Half Pay Leave/Computed Leave/Leave Not Due/Extra-Ordinary Leave has been granted for the period of absence, may be reviewed accordingly.
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In so far as persons serving in the Indian Audit and Accounts Deptt. are concerned, these orders issue in consultation with the C&AG of India.
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Hindi version is enclosed.
(1) 188
(B. GANGAR)
Under Secretary to the Govt. of India
To
All Ministries/Departments of the Govt. of India.
(As per standard list).