Pl leave
Guest
(Querist) 29 July 2012
This query is : Resolved
One of my female relatives, is working with Delhi Government as Gazetted Officer. In her department almost 6 to 8 months any kind of leave is authorised with prior approval only and most of the time she is refused earned leave due to strict working of department. Even she has applied leave before 2 months of availing leave and due to this reason her leave is being lapsed.
She is not able to take any leave and is going regularly office even she has very urgent work or she is not feeling well. What is the way out out?
Guest
(Expert) 29 July 2012
Whenever she feels sick she has the option to submit a medical certificate from the Government hospital or CGHS dispensary, if she is the beneficiary of CGHS, and can avail any kind of permissible leave on medical grounds under the CCS (Leave) Rules. For other occasions other than her being sick, she will have to convince the leave sanctioning authority by justifying her need for grant of leave.
Guest
(Querist) 29 July 2012
I am convinced with the reply of Mr. Dhingra.
But she is very honest. She need her earned leave. Now I sm putting specific question.
If any government employee who is having 300 nos earned leaves already and if he desires 30 earned leave any time in a year to spent some time with his family for taking rest but she he is denied leave for whole of the year by issuing office order by his top officers by saying that there are very urgent jobs. Then next year that honest employee will loose 30 leaves also as well as he will have to work without any leave also. Is that top official should not be held responsible because (1) he is not granting any leave? (2) he is not demanding any staff from his superiors? Overall how can an honest Government employee be denied leave for a long time? Is there any legal way to highlight that department is not taking sufficient staff and putting pressure on these types of employees?
Guest
(Expert) 29 July 2012
Mr. Sandeep,
Honesty does not mean that she should be so meek to be exploited by her superiors to extract work from her even when she is sick. If authorities are not honest with her, she should also become capable to make them realise their fault. She should represent to the higher authorities to get her leave sanctioned. If they also do not come to her rescue, she should take the help of some advocate to drag them in the court of law/CAT to get direction of the court that she should not be made to lose her leave in excess of 300 days and grant leave at the time of her urgent needs or sickness.
Would not her superiors be taking any leave at the time of their need? Are they so inefficient to feel themselves handicap to manage the work in her absence?
V R SHROFF
(Expert) 09 August 2012
Any leave lapsed for the reason of not granting it, even though applied, cannot be lapses. I t has to be credited over and above the maximum limit.
NO WORK REMAINS URGENT THROUGHOUT THE YEAR.
ANY DEPT HAS TO ALLOW 50% OF PRIVILEGED LEAVE IF APPLIED REPEATEDLY IN advance.
COMPLAINT TO HIGHER AUTHORITY:
No one can deny enjoying PL, go on holidays with Family at least once in a year.
Equality with other staff is a justice,
She is not paid double id she is indispensable and have to sacrificial all days for work without any extra benefit..
No one is indispensable in the world.
Sudhir Kumar, Advocate
(Expert) 09 August 2012
I politely partially disagree with Mr Shroff. CCS(Leave) Rules apply to UT Employee which do nto provide for credit of any leave beyond 300 whether not granted or whether employee himself abstains from applying.
The cruel facts is that leave cannot be claimed as a matter of right.
It is a matter of rule that leave during sickness supported by appropriate medical certificate and certificate not challanged cannot be denied.
Hones employee will not be denied leave but meek employee will be denied if he/she does not approach higher authroities and does not avaiale grievance redressal mechanism.
Normally one cannot be held responsible for denial of leave but exception decison need to be challnaged.
