Extra ordinary leave regularisation
Raj
(Querist) 15 December 2013
This query is : Resolved
I am working in the central govt in a group A service in a remote place. I served here for five years and requested for transfer but was not been given. So i opted to go to foreign for my Postdoctoral training on EOL without pay and allowances for two years. Since the climate was not conducive to come back when i had to rejoin, i extended my stay for 6 more months by sending required letter. But from my lab, they did not forward it properly in spite of my several requisition for extension with advance copy to the concerned higher authority.
After that, i have joined back in my department on 28 July 2011, with requisition for my regularization of EOL for 6 months that i had extended. Ater almost a year (june 2012), I received a reply from Head office, Delhi to give a bond for three years. Since bond is not applicable in my EOL without pay and allowances, i had requested to withdraw the the proposed action against my requesition and regularise my EOL without pay and allowances on 1 August 2012. But so far, i did not receive any reply.
I also want to move from this place either by transfer or changing job. When my transfer application is not been considered, i have applied for around 6 jobs but i was not given NOC. In this regard, please suggest me what to be done since the proposed action against me is not a valid one since i have not taken study leave with pay and allowances but i have taken EOL without pay and allowances. Please help me in this regard.
Sudhir Kumar, Advocate
(Expert) 15 December 2013
you have not been able to describe problem in clear terms
be clear how much from when to when EOL you applied. how much is sanctioned or not.
Guest
(Expert) 15 December 2013
First of all, you have made a confusing mix-up of three different different matters pertaining to your problem, (1) Post-doctoral training; (2) EOL; and (2) NOC for transfer on deputation.
Secondly, Deputation on training, if sent officially, is considered as duty, not leave. If you went for training unofficially, you need not mix-up the issues of training and EOL. Only EOL should be sufficient to be mentioned for whatsoever purpose that EOL was taken.
Thirdly, it matters much, what nature of leave you mentioned in application (SR-1) form at the time of application, i.e., EOL or Study Leave without pay and what type of leave was mentioned by the leave sanctioning authority in your leave/ training order granting you leave or sending you for training.
Fourthly, your statement, "i had requested to withdraw the the proposed action against my requisition and regularise my EOL without pay and allowances" is not understood, as you have stated that you were already on EOL for 2 years. So, what new requirement was there in withdrawing your request?
About NOC, it is purely at the discretion of the competent authority to allow you deputation or not. Forwarding of employee's application for transfer on deputation is not mandatory for the controlling authority.
In fact, to avoid any misconception, for appropriate solution to your service related problems you need to discuss in detail with some service law expert personally by showing him related documents for detailed examination and guidance/advice.
T. Kalaiselvan, Advocate
(Expert) 15 December 2013
Yes, you may consult an expert dealing with service law for proper advises after seeing the papers in your possession in this regard.
Rajendra K Goyal
(Expert) 15 December 2013
consult a lawyer dealing in service matters and how him all the documents.
Raj
(Querist) 16 December 2013
Thank you all, sirs for your comments.
I had taken Extra Ordinary Leave (EOL) without pay and allowances from 1 Feb 2009 to 31 Jan 2011. Due to the incomplete work of the project in which i was working and also due to heavy snow fall in US during winter season, i could not able to join in my office on 1 Feb 2011. So i had sought for extension for further 6 months (from 01 Feb 2011 to 31 July 2011).
I had spoken with the Head of the Lab and requested for extension. It was just a month i had in my hand to complete all my EOL.
Due to heavy snow fall, i could not able to come back to India since i was with my family. During this time, i had asked my Head of lab, US to extend my stay for 6 more months because my Head of Lab, India was agreed when i had contacted him by phone. Then after doing all formalities to extend my stay in US, i had sent my extension application to my lab. I do not know what had happened to him? He refused to send my application for extension to Head Office Delhi. Afterwards, i had sent an advance copy of my application for extension to Head Office Delhi and also to my lab.
Then on 28 July 2011, i had rejoined in my department. I had requested for regularisation of EOL that i had taken more of 6 months apart from two years. Then after a year, on June 2012, i had received a letter from Head office that i had to give a bond for three years with two sureties.
Please suggest me whether bond is applicable for the extra ordinary leave (without pay and allowances) ? Is bond applicable to EOL without pay and allowances?.
Raj
(Querist) 16 December 2013
Thank you all, sirs for your comments.
I had taken Extra Ordinary Leave (EOL) without pay and allowances from 1 Feb 2009 to 31 Jan 2011. Due to the incomplete work of the project in which i was working and also due to heavy snow fall in US during winter season, i could not able to join in my office on 1 Feb 2011. So i had sought for extension for further 6 months (from 01 Feb 2011 to 31 July 2011).
I had spoken with the Head of the Lab and requested for extension. It was just a month i had in my hand to complete all my EOL.
Due to heavy snow fall, i could not able to come back to India since i was with my family. During this time, i had asked my Head of lab, US to extend my stay for 6 more months because my Head of Lab, India was agreed when i had contacted him by phone. Then after doing all formalities to extend my stay in US, i had sent my extension application to my lab. I do not know what had happened to him? He refused to send my application for extension to Head Office Delhi. Afterwards, i had sent an advance copy of my application for extension to Head Office Delhi and also to my lab.
Then on 28 July 2011, i had rejoined in my department. I had requested for regularisation of EOL that i had taken more of 6 months apart from two years. Then after a year, on June 2012, i had received a letter from Head office that i had to give a bond for three years with two sureties.
Please suggest me whether bond is applicable for the extra ordinary leave (without pay and allowances) ? Is bond applicable to EOL without pay and allowances?.
Guest
(Expert) 16 December 2013
Depends upon whether you are in permanent/ quasi permanent or temporary employment. If you don't want to get your case documents examined by any service laws expert, better go through Rule 32 of the CCS (Leave) Rules, 1972 to check your position, as to solve your problem certain pieces of other information may also be necessary, which only you know with reference to your appointment vis-a-vis the said rule.
Raj
(Querist) 18 December 2013
Thank you Dhingra sir. I will do that.
Guest
(Expert) 18 December 2013
You are welcome.
