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Regarding miniority institute

(Querist) 10 March 2014 This query is : Resolved 
I am working as lecturer in minority institute on non grant faculty for 13 years. I am cancer patient and i was on medical leave for 6 months. out of that 4 months medical leave is sanctioned on muster but it was not paid. and 2 months was without pay.

I have not taken any medical leave or maternity leave in my career.
Does minority institute has right to reject medical leave?
Sudhir Kumar, Advocate (Expert) 11 March 2014
are they not bound to follow state Govt regulations on pay leave etc. Please check from education deptt /university as they case may be.
Isaac Gabriel (Expert) 11 March 2014
No separate rules for Minority institutions.They should adopt the leave rules appplicable to other educational institutions.Leave sanction for cancer needs to be done after getting medical opinion if it exceeds two months.As such there may be some delay in getting the nod for making payment.
veena (Querist) 11 March 2014
i have read teacher's statues . in that cancer patient or tb patient should get special leave for one year with full pay though he/she does not have medical leave.

does this rule applicable to minority institute for non grant faculty.
Rajendra K Goyal (Expert) 11 March 2014
Institutions receiving grant / aid have to follow rules of govt. in all matters including leaves to staff while non aided institutions may not follow same leave rules.

However, all institutions in a state are bound to follow leave rules as per law of the state exist if any.
veena (Querist) 11 March 2014
For lecturers , 10 days medical leave per year is allowed. so i have 130 days medical leave. and also during my treatment period , other staff members got medical leave with pay for 15 days , 20days like that.

can i put case of discrimination or human right violation?
Sudhir Kumar, Advocate (Expert) 11 March 2014
move to court and meet your lawyer.
T. Kalaiselvan, Advocate (Expert) 12 March 2014
Minority or otherwise, the rules framed in this regard have to be followed by one and all. Consult a local lawyer, issue a legal notice expressing your grievances, wait for the reply and then initiate legal course of action.


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