Increment
akta20000015
(Querist) 08 January 2016
This query is : Resolved
I am teacher kvs a central govt autonomous body . I had been on leave from 26-6-2013 for 6 months , my child was not well I gave medical certificate too but leave was not sanctioned by principal although I had informed principal about the absence of mine .I came school on 23-12-2013 but principal denied to join me and send me to the regional office to join , I went but due to absence of DC I could meet him only on 1-1-2014 and I received the joining latter to join on 13-1-2014 which was the first day after winter break .
Q1.
(a) is the winter break been counted as leave ?
(b) Will I get increment on 1-7-2014
(c) Can I ask why my CCL is not sanctioned even after producing the medical certificate from the govt hospital ?
(d) if I would have get the ccl would this period be counted as eligible service period
Sudhir Kumar, Advocate
(Expert) 08 January 2016
BETTER DOWNLOAD CCS (LEAVE) RULES AND READ PROVISION REGARDING EXTENSION OF MATERNITY LEAVE.
kavksatyanarayana
(Expert) 08 January 2016
Author, on 01-01-2014 when you met the regional authority, did you give the joining report at your regional office. if yes, you have to apply for leave up to 31-12-2013. and you joined duty on 13-01-2014 hence the period from 1.1.14 to 12-01-2014 be treated as the regional officer's discretion according to the circumstances mentioned in the application. However follow the advise of Mr.Sudhikumar sir.
Rajendra K Goyal
(Expert) 09 January 2016
Whether you submitted joining report to your principal / higher authority in writing with acknowledgement / on dak with diary number? if so, claim the date from which joined. However, refer your service conditions.
It is strange, you have not send time to time the leave application as your son was ill and not you.
akta20000015
(Querist) 09 January 2016
I received a letter by DC but allowed to join on 13-1-2014, and in my service EOL been sanctioned for the period of 26-6-2013 to 12-1-2014 .
I met principal before going on leave about the leave and requested for CCL which he refused , but my child was so sick that I could not managed to go school , and I sent application through my husband , in which I asked leave for 6 month which was completed on 26-12-2013 , but when I went on 26-12-2013 to join duty I was sent to the regional office for the permission .
according to service book I was sanctioned EOL on pvt affaires from 26-6-2013 to 12-1-2014 , and I was not paid for winter vacations , summer vacations 2014 and withhold the increment for next 1-7-2015 .
I had big lose .
can I get the increment for 2014 because only 12 days are remained in 6 month service for getting increment ?
and can I also ask for why CCL not granted ?
Guest
(Expert) 09 January 2016
Dear Akta,
You may represent to the competent authority to treat you as joined from the date you first reported back on duty in the school by treating the period of delay in issue of order or allowing to join duty. But, I doubt, the admn. may not do so. In that case only order from the competent court can work, as the administrative delay in decision cannot be attributed to you.
So far as increment is concerned, any leave of the nature of EOL without medical ground or taken for the purpose of study, cannot count as qualifying service for the purpose of earning increment on due date. So, increment won't be allowed unless the intervening period from 26.12.2013 to 12.01.2014 is treated as duty/ E.L. or winter vacation.
EOL can be commuted to CCL at the discretion of the competent authority, provided you fulfil the prescribed conditions for CCL.
But, your representations should be in systematic order and drafted in effective language justifying your stand fully.
Sudhir Kumar, Advocate
(Expert) 10 January 2016
In the first place a woman on maternity leave is entitled to extent leave on medical grounds without medical certificate.
If no such leave is entitled you are entitled to EOL which entails loss of pay and postponement of increment.
In your case it appears that CCL is available which is meant and provided by Govt for such cases. Whereas it is being used by other employees for other purposes.
Now coming to your joining : Since you were neither suspended employee nor you were surrendered, the Principal had no business or power to stop you joining. As long as you joining is no from 23rd December you are not getting any pay for December.
You may refer to Rule 23 (iv) of CCS(CC&A) Rules.
You are entitled to file statutory appeal before the Appellate Authority since the action of the Principal amounts to adversely affect pay and allowances.
