Regarding maternity leave & earned leave

Querist : Anonymous (Querist) 21 January 2012 This query is : Resolved
Dear Experts,
My sister working as a teacher in TamilNadu Govt. School. She has taken maternity leave 2 years back. At the time of availing leave she completed the Probation period but the declaration letter was not issued by the school dept.
Since the above letter was not issued in time, the School H.M merged the 39 days E.L with Maternity Leave.
After 6 months, the Probation completion letter was issued by the dept. with retrospective effect. She requested the School H.M to merge the 39 days in her E.L acct. But no use.
According to Tamilnadu leave rules, When a Govt. servant is declared satisfactorily completed his probation with retrospective effect, his leave acct. should be recast with effect from date of completion of probation and the leave already availed of between that date and the date of issue of orders regarding completion of probation may be altered to the advantage of Govt. servant at his option.
We have written letters to CEO of school dept. and Director mentioning above rule, but no reply from their side.
We request the advice of honorable experts on how we take the matter further.

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Raj Kumar Makkad (Expert) 21 January 2012
Serve a legal notice followed by either writ petition or a civil suit.

prabhakar singh (Expert) 21 January 2012
Writ would be a better course to proceed.

Sudhir Kumar, Advocate (Expert) 21 January 2012
The queyr as explained does not spell the loss sustained by the employee. Please consult leave rules for Tamilnadu. It appears that these cannot be so different from the Central Rules. Central Govt leave rules do not pay any relevance to probation for grant of maternity leave (or any admissible leave fo that matter. What are state Govt rules please check before litigation.

M/s. Y-not legal services (Expert) 22 January 2012
collect the attendance detail through rti..

earned leave can not merged with maternity leave.. you have to file a writ petition under service law..

-tom-

Devajyoti Barman (Expert) 22 January 2012
do follow the advices given above.

Isaac Gabriel (Expert) 23 January 2012
Re-casting of the leave on completion of probation is mandatory.If not acceded to, represent to tyhe cell officer of the department.

V R SHROFF (Expert) 23 January 2012
advised to file writ

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