sanction of leave application

Querist : Anonymous (Querist) 01 December 2010 This query is : Resolved
an employee has taken permission for sitting in an entrance exam for a master degree course. With due permission, he gave the exam & got selected. Now he wanted education leave for which he was eligible. he has given application that after 10 days his course is going to begin and requires education leave. He didn't get any intimation regarding sanction or rejection of leave from Head office.

he went for leave and completed his master degree course of two years. with in that two years period not a single letter has been sent by his office to him regarding sanction or rejection of his leave.

he came back after two years to join. he work for three days. after working three days officer incharge told him that he is not eligible to join. first take permission from the HOD. HOD proposed D.E. against him.

I just want that what is the legal position of that employee in this case.

What is the rule or limitation for entertaining the application. can an application be remained unentertained for two years.
if there is any judgement or law, kindly provide me.

Thank you

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R.Ramachandran (Expert) 01 December 2010
Dear Anonymous,
I presume that you are a Group-A service officer in the Government.
Just because one was permitted to sit for the entrance-examination does not ipso facto mean that the Organization is bound to grant you the Education Leave.
Having applied for the Education leave, it is highly unbecoming of an officer to proceed on leave that too for two long years. You have also not given any indication that to whom did you hand over your charge while proceeding on leave.
You have also not indicated whether you continued to receive salary during the period of leave.
If the Departmental has proposed D.E., one has to give answer. What is wrong in it.

Ajay Bansal (Expert) 01 December 2010
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Advocate. Arunagiri (Expert) 01 December 2010
You say that you have applied for the leave, you have not indicated that where it was sanctioned or not. Except that of CL and ML you can not take the leave without prior sanction. You can not presume that the leave will be sanctioned just by sending the leave requisition letter.
If you have gone without the sanction, the authorities can initiate action on you.

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