Leave rules for central govt. employees
Parveen singh
(Querist) 13 September 2016
This query is : Resolved
Sir,i have completed 20 month service,my probation period is over after 4 month.i need leave 1 yah 2 year for competive exam(upsc,ssc)prepration,so how can i got leave?which authority(office manager yah headoffice) grant me leave?apply through proper channel?sir can u sent me application format?please reply sir very urgent for my future........confuse about rule no-12 and 32(extra ordinary leave)
Sudhir Kumar, Advocate
(Expert) 14 September 2016
p[lease state clearly what is the confusion.
You can get EOL provided deptt is ready to give. It is your controlling officer's recommendations that matters.
if controlling officers do not recommend you cannot get even a single day leave.
Ms.Usha Kapoor
(Expert) 14 September 2016
If you want Study leave for betterment prospects such as preparation for competitive exams, if such leave is there in your service Rules you can apply for study leave for 2 or 3 years by writing an application to the top brass.If provision of study leave is there in service leaves they wouldn't object to your availing of study leave. In case study leaves not there you can apply sick leave or Extraordinary Leave for 2 years with loss of pay and prepare for competitive exams. If study leave is there still they refuse to grant approach your State High Court through filing of a writ of Mandamus seeking directions to your employer to grant study leave with immediate effect in order for you to become successful in competitive exams and hence applying for study leave.You issue a LegalNotice First.
Rajendra K Goyal
(Expert) 14 September 2016
Department may not accept your 2 years leave request on such a small span (20 months) of service.
You can apply to your controllers through your in charge.
Formats are not provided.
Guest
(Expert) 14 September 2016
Vague question in the absence of the facts whether yours is a Government or private organisation.
Still further, all depends upon your leave rules of your organisation and delegation of powers to grant leave.
Sudhir Kumar, Advocate
(Expert) 15 September 2016
Not able to agree with Ms Usha Kapoor.
Study leave is not admissible for competitive examination.
this leave can be given only to :-
(i) permanent employee.
(ii) rendered 5 years service
(iii) having atleast five years service after expiry of leave.
(iv) for a course specifically beneficial to his post.
(v) on undertaking that he will serve for atleast 5 years after leave or else will refund the entire leave salary.
Sudhir Kumar, Advocate
(Expert) 15 September 2016
writ mandamus can be filed only if a govt body omits to do its duty.
his controlling officers are not under any compulsion or under any duty to sanction even a single day leave unless not allowed by discretion.
taking sick leave for long duration is not really possible without being sick. Sr officers are having larger experience and larger knowledge than him. He will be referred to Medical Board.
Guest
(Expert) 15 September 2016
I endorse the views of Shri Sudhir Kumar.
Of course, checks & balances are available in all sets of organisational rules.
All civil events or requirements do not attract legal recourse to be adopted by a person.
Interference of judiciary is never called for unless there is a clear violation of set rules by any organisation.
In this case, the querist has not stated any kind of violation of rule on the part of his employer, so there is no question of writ mandamus.
The questist has simply asked for removal of his confusion, which does not warrant any advice to resort to litigation.
Guest
(Expert) 15 September 2016
Mr. Parveen Singh,
You have not yet clarified whether your are an employee of Government or private organisation.
However, from your the rules quoted in your question, it reveals as if your question is based on the CCS (Leave) Rules, 1972.
There should be no confusion about the provisions of Rule 12 and 32. Your question clearly indicates, as if you are reading between the lines without going through the complete set of leave rules in totality, or else, your query may be merely of the nature of academic query.
However, if you read the rules properly, Rule 12 is a part of general conditions the provisions of which can apply generall for grant of maximum of leave that can be granted to a Govrnment servant at a time. But Rule 32 provides specific conditions for grant of extraordinary leave to government servants under different conditions with different status of employees, e.g. temporary, permanent, etc., continuously.
So there should be no confusion at all.
However, if yours is a real case as a Government employee, not that being an academic query, if liked, you may send complete details of your case, along with your proper introduction, through email at: sssfi2016@gmail.com or 1962dcg@gmail.com
But, please beware, don't send your academic query if it is so, as I do not prefer to impart tutorials to the students and trainees, who do not make their own effort to learn properly, but prefer to seek spoon feeding..
Raj Kumar Makkad
(Expert) 18 September 2016
I do endorse the views of Ld. experts hence nothing to add more.
