Regarding sick rules
RC Gayatri
(Querist) 07 April 2016
This query is : Resolved
Respected Sir,
I have applied for private medical sick with my organization(central) and was undergoing treatment. It has been 3 months.
Now my office people have issued a letter to me asking me to get treated at government railway hospital and get sick from there.
whereas I am not at all interested with this. I am getting treated at a expert and a family doctor of mine. and also my house is located more than 8 kilometers from government doctor(as per rules). I want to take sick leave even for LOSS of salary till I get cured completely.
COuld you please assist me how should I reply to office people ?
Is it mandatory for government employees to get treated with government doctors only ? Can't they get treated and take sick certificate from private doctors ?
Please guide me how to reply to my office. I want to take sick till I get finally cured.
Kumar Doab
(Expert) 07 April 2016
The query has been discussed:
http://www.lawyersclubindia.com/experts/Query-related-to-Sick-leave-rules-575051.asp#.Vwao05wrLIU
If the railway's letter is against rules, and if you have the copy of rules and you are sure that your version is right then you may tender a gentle reply under proper acknowledgment.
Or adhere to the directions in the letter, under proper acknowledgment.
Avoid conflict.
Get the rules examined by seasoned and well informed counsel specializing in labor/service matters..............or atleast by a seasoned and well informed Employee's union leader.
Don't commit error in such matters.
R.K Nanda
(Expert) 08 April 2016
nothing to add more.
P. Venu
(Expert) 09 April 2016
Yes, the query is repeated.
There are two different issues involved:
(1) getting treatment for your sickness and;
(2) availing of commuted leave i.e commuting half pay leave on medical grounds.
As far as the first issue is concerned you are free to get treatment wherever you choose; the Railways has right or power to insist that you should get the the treatment from nowhereelse but the Railway Hospital. This is your private matter and the Railways have no say in the matter.
However, sanctioning of commuted leave medical grounds is an entirely different matter; it is mandatory that this leave could be sanctioned on the strength of the medical certificate.
In this scenerio, the option available for you is to apply for EL or HPL (without commutation) or Leave without pay.