Service matter

kavita (Querist) 01 April 2016 This query is : Resolved
From the last 18 years working in an autonomous body of Department of Science and Technology. I took leave in the month of Jan 2016 and now my employer has stopped my salary for the month of March 2016 stating that I had not submitted my leave applications though my employer has already deducted my tax upto March 2016

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dr g balakrishnan (Expert) 01 April 2016
he cannot, he violated your right to live under art 19 r/w 21 r/w 14, so first issue legal notice u/s 80 of cpc 1908, after 180 days move the central administrative tribunal that would restore your salary and direct to regularize your leave, as you have been in employ for over 18 years and spent best part of your life. you can move damages suit for liquidated damages too once CAT orders, if CAT fails move high court of the jurisdiction .. you have the right of property in your salaries under art 300A.

Rajendra K Goyal (Expert) 01 April 2016
Have you submitted your leave application for sanction in advance as per leave rules of the department?

Have you completed the previous sanctioned leave and extended your leve?

Have you balance of leave in your account?

Refer your service rules / leave rules, if you have violated, department may proceed with disciplinary proceedings.

dr g balakrishnan (Expert) 01 April 2016
even if absented yet that need to be regularized, every time leave of absence might be due to any reasons, so even absence cannot be a cause of any salary stoppages , kavitaji, so never worry move CAT if the administrator goes berserk.

Sudhir Kumar, Advocate (Expert) 02 April 2016
not able to agree with Dr G Balakrishnan.

Right to Life cannot be extended to earning wages without work. every time an employee is absent without leave the employer has a right and duty to stop payment forthwith.

He has not submitted full facts of the case.

Sudhir Kumar, Advocate (Expert) 02 April 2016

The wqy he has worded his query it gives an impression that :-

(i) He worked for 16 years.
(ii) He never took any leave.
(iii) He took some leave.
(iv) Leave was sanctioned
(v) Yet salary was topped

This appears to be far from reality. It is he who has to indicate true facts.

He has not clarified :-

(I) When he applied for leave.
(II) Which type of leave is applied?
(III) From which date to which date he applied
(IV) For which purpose he applied leave
(V) From when the leave was to commence
(VI) Whether the type of leave was at the credit
(VII) WHETHER THE LEAVE WAS RECOMMENDED AND SANCTIONED.
(VIII) Whether he reported back after expiry of sanctioned leave.
(IX) Whether he sought extension of leave.

Without these details every advise will be premature and incomplete and can be dangerous to his interests.