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Sini P   25 February 2023

Special disability leave or special casual leave for serious dog bite during work

I am a govt. veterinary surgeon in kerala government service under Animal Husbandry Department. On 24-02-2023 I was bitten by domestic dog (rottweiler) came to hospital for treatment. The wound has 7x3x3 cm dimension and is at medial left thigh region. I have difficulty in walking as well as there is a chance of infection. In this circumstances can I avail any special leave with salary? Please name the leave. If so how many days can I avail it? I have got the first treatment from govt. district hospital and then from govt. medical college. Now I have to undergo suturing after 48 hours if possible. Can I do this suturing from a private hospital and get medical certificate from there or do the further treatment in govt. hospital and get medical certificate there itself. Please advise.


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 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     25 February 2023

To my best, A Kerala Government Servant may avail of any eligible leave on a medical certificate.  But for injuries (biting of dog etc.,) will not be granted any special CL or any leave.

Dr J C Vashista (Advocate)     26 February 2023

Rule 20 of Central Civil Services (Leave) Rules, 1972 are applicable in your case, which you are required to verify from department.

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Sudhir Kumar, Advocate (Advocate)     26 February 2023

Agreing with Dr Vashistha I will add that the identical provision applicable to the employees of State of Kerala is as under :-

[Rule 98, Part I, Kerala Service Rules - Clarification]

SECTION VII - SPECIAL DISABILITY LEAVE
97. (1) Subject to the conditions hereinafter specified, special disability leave may be granted to an officer who is disabled by injury intentionally inflicted or caused in, or in consequence of the due performance of his official duties or in consequence of his official position.


(2) Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed, and the person disabled acted with due promptitude in bringing it to notice. But the Government, if they are satisfied as to the cause of the disability, may permit leave to be granted in cases where the disability manifested itself is more than three months after the occurrence of its cause.


(3) The period of leave granted shall be such as is certified by the medical attendant of the officer to be necessary. It shall not be extended except on the certificate of the medical attendant of the officer and shall in no case exceed 24 months.


(4) Such leave may be combined with leave of any other kind.

(5) Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.

(6) Such leave shall be counted as duty in calculating service for pension and shall not be debited against the leave account.


(7) Leave salary during such leave shall be granted—

(a) for the first four months of any period of such leave including a period of such leave granted under clause (5) of this rule as under Rule 92, and (b) for the remaining period of any such leave, as under Rule 93.


(8) In the case of a person to whom the Workmen’s Compensation Act, 1923, applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable under section 4 (1) (d) of the said Act.

98 . The application of the provisions of Rule 97 may be extended to an officer who is disabled by injury accidentally incurred in *or in consequence of the due performance of his official duties or in consequence of his official position, or by illness incurred in the
performance of any particular duty which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the civil post which he holds.

The grant of this concession is subject to the further conditions :-

(1) that the disability, if due to disease must be certified by the medical attendant of the officer to be directly due to the performance of the particular duty ;

(2) that, if the officer has contracted such disability during service, it must be, in the opinion of the Government, so exceptional in character, or in the circumstances of its occurrence as to justify such unusual treatment as the grant of this form of a
leave; and

(3) that the period of absence recommended by the medical attendant of the officer may be covered in part by leave under this rule and in part by other leave, and that the amount of special disability leave granted on full pay i.e., pay admissible had he been on duty during the period of leave may be less than four months.

Note. - Disability leave is admissible to temporary officers also.

 

 


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