Leave,Resignation-Salary payable or not
Bhagwan Swaroop Bhatnagar
(Querist) 25 April 2008
This query is : Resolved
Branch manager went on casual leave on 28/7/2007 for three days handing over charge to Asstt.Manager.When returned found new manager on his seat,he extended leave timt to time upto 30/9/2007.and resigned wef.1/10/2007.
The management of Mahila Nagrik Sahakari Gwalior niether sanctioned nor cancelled leave and niether sanctioned nor cancelled Resignation.Niether terminated services
Please advice
1 Can he get salary from 1/8/2007 to till date
2.Can he claim to join the duties as Resignation is not sanctioned till date.
3.There are no service rules,so would the service rules of coop.Bank would apply or the Fundamental Rules Of M.P.Govt Employees
Please Asvice.
Thanks,
B.S.Bhatnagar,Advocate
E-Mail-bsb_99@indiatimes.com
H. S. Thukral
(Expert) 26 April 2008
The first step is to withdraw the resignation letter if the same has not been accepted so far. The officer then should ask for the resumption of duties. If he is denied the duties it would be termination of job by the employer and not voluntary abandonement of job. In case of illegal termination of job the officer can resort to a legal action. If the Bank is an undertaking of government, he can move to HC agasint violation of his fundamental right to life which includes right to livelihood.
As far as salary is concerned, if he had leave due to his credit, he is entitiled to salary.
