Rules put for extraordinary leave for studies are outrageous
rachitp
(Querist) 19 July 2015
This query is : Resolved
Hi,
I am working at Uttarakhand state owned PSU on probation period of two years(completed one year of probation). I have applied for extraordinary leave to pursue Masters degree(Rules defined for leave in Uttar Pradesh Financial Handbook volume II part 2-4 Rule 85 and subsidairy rule 157A(4)). The conditions are as follows:
(1) the government servant concerned has completed three years of continuous service on the date of expiry of leave of the kind due and admissible under the rules
(2) before grant of the extraordinary leave the government servant concerned gives an undertaking by executing a bond prescribed in Form No. 10 to the effect that he would, if required, serve the Government after returning from leave in the same post or in any other capacity as may be required for a period of at least three years and, in default, pay to Government an amount equal to ten times the monthly pay which he was drawing at the time of proceeding on leave, and other expenses, if any, which may be incurred on him together with interest thereon from the day following the expiry of the sanctioned leave at the rate of one per cent over and above the Bank rate in force on the first day of April of the financial year in which the leave may commence.
Now they tell me the ramifications caused by the EOL i would take:
First if I join back after leave and serve for minimum three years:
The probation would be extended and i will be put again on probation for 2 years(although i have completed 1 year of probation)
as a result my seniority will be affected and i'll be at the bottom of pool(I am at the 5th position of seniority) so impact on promotion
My increments will be kicked forward for two years so impact on salary sending me back two years in service(HUGE LOSS IN FUTURE!!!!)
The other if I wont serve for minimum 3 years after completing the leave(what i Intend to do):
I have to pay out bond mentioned above. the amount is ten times of current monthly salary i.e aroud INR 5 lakhs.
In addition the service bond for three years which i had given at the time of joining amounting to INR 1 Lakh also applies.
That makes 6 lakh bond amount if i leave.
And above all the Leave is without pay(which extraordinary leaves are)
Now the situation that I percieve is going for masters with EOL is a LOSS on every condition. Can anybody help me out by telling which of the conditions can be challanged or are invalid that are made up Hypothetically by the HR deptt. as other way of saying 'NO' to permit for leave.
Can anybody help me to come out of this No-Go situation???Also Is someone having power with whom the bond amount of 10 times salary be negotiated???
Kumar Doab
(Expert) 19 July 2015
HR shall go by the published and unpublished orders of its masters.
You have referred to the published policy.
It is not any way of saying 'NO'.
It is a published document that you have now.
You could have asked for all policies and rules that are cited in appointment/offer letter before accepting the offer.
One of the ways is thru Unions if that is active and goes for some negotiated settlement.
The BOND signed with PSU was crafted in lieu of what extra ordinary benefit to you?
If the grounds on which BOND was to be raised do not exist then BOND may get termed as unconscionable.
Rajendra K Goyal
(Expert) 19 July 2015
You can meet the higher authorities after taking permission in writing and can request. If your boss does not forward any application of yours to head, send one copy through proper channel and another copy marked as direct copy, original through proper channel sent, directly to head. you can use RTI for getting any information.
