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Anbu (engineer)     20 July 2012

Extraordinary leave during probation

Hi,

     I am presently working in UAE. Recently i got an AE offer from TNPCB through direct recruitment and asked me to join within 3 months of time. Since i have taken a loan in UAE just 6 months before, i am not able to settle the loan within this very short period. Hence i would like to submit the joining report and take long leave for 3 years during the probationary period.  Since i am really interested to work for my country and do not want ot miss this offer. i am trying the possible ways of postponing the probation period. 

   I expect your advice and guidences in this issue as early as possible.

Please help me to resolve this issue.

Thanks.



Learning

 10 Replies

Kumar Doab (FIN)     20 July 2012

Only an employee can submit leave application. Employer shall entertain leave application from employee.

If you join duty with new employer you shall do so after your resignation from previous employer is accepted.

You can not be employed with two employers simultaneously.

It is believed TNPCB is a Govt. Organization. The joining of duty shall be subjected to certain rules. If you undertake any gainful employment while employed with TNPCB in all probabilities you shall be subjected to disciplinary proceedings.

Valuable advice of learned experts /members is sought.

Ajit Singh Cheema (practising Advocate)     20 July 2012

No employer of the name shall hire an employee, for sending him on long leave  of three years , that too during the probation period .

Anbu (engineer)     20 July 2012

Dear Mr.Kumar,

                         Thanks for your reply. I accpet that i can not have two employments at the same time. But my case is different here. Since i am working in UAE, got employment offer from indian government.  Even i resign from the current employment, i can not move to india until i settle my loan. In this case, i found from Tamilnadu leave rules that an government employee can be granted an extraordinary leave " leave for employment on abraod"  when no other  leave is applicable. It can be availed during probation peiod also with the genuine reason. I hope my reason is genuine one, because i dont avail the loan after the employment in india, it is taken six month earlier.

                     Also, i am already working in UAE and now can be considered as NRI. If i get new job in abraod after joining in TNPCB, then it is my mistake. I am expecting two possibilities.

1. Extension of joining time for 3 years based on the genuine reason or

2. Leave during probation period, i.e postponding the probation period.

Is it possible or not?

Please give your comments.

 

Thanks. 

Sanjay Tanna (Sales Manager)     20 July 2012

hey friends,
Hi, I am Sanjay Tanna from Gandhinagar, Gujarat. I was working in one Private Limited Company as Sales Manager and due to some official problem before Probation period of 90 days i left the company put resign. i am asking for my salary but the company is giving me salary of June 2012 month just Rs.4000/- instead of 33400/- as per sales target, but till 30th June 2012 i dint get any target from company, so question is that can i do legal action on company??????????

thanks
Sanjay Tanna

V. VASUDEVAN (LEGAL COUNSEL)     20 July 2012

Do you have a valid appointment order. In this case, the appointment order provides a salary of 33400 and you are paid only Rs.4000, what the is reason given, how is pay strucuture formulated. The query needs complete details for advice

vasudevan

Sanjay Tanna (Sales Manager)     20 July 2012

Dear Vasudevansir,

yes sir I have valid OFFER LETTER and received mail from company.

if you dont mind pleas give me your mail id so i will send you that copy.

please help me.

Thanks

Sanjay Tanna

09879552095

Sanjay Tanna (Sales Manager)     20 July 2012

Sir,

or you can send me test mail on sanjaytanna7@gmail.com

T

Kumar Doab (FIN)     21 July 2012

@ Anbu,

Govt. of Tamilnadu is very generous. Hope the leave rule you have mentioned is applicable to a probationer as well. You shall be able to avail such leave only if you are employed by Govt. of Tamilnadu, and after appointment your leave is approved by employer during probation period. The TNPCB may want to you to submit acceptance of resignation or even relieving letter from previous employer.

If approved probation period may be extended.

It shall be appropriate to approach a competent and experienced service lawyer well versed with nuances of service rules of TNPCB.

 

Om Prakash Dhusia (HR assistant)     21 July 2012

Dear Anbu, the problem is that you wanted to ride on the two boats and the end result would be doom. The probation period which can be either six months or sometimes a year too in the Govt. or public sectors and  can not be waived off at any cost. Unless you do not complete your probation you can not be confirmed on the post at TNPCB. If you have some LIEN  clause in your appointment order then you can take long leave from TNPCB but only after completion of probation period and confirmation in the post.                                                                                                                                                                                                            If you have plenty of money to spare for a lawyer at India then the Indian Lawyer can provide you even the moon on earth but only in your dreams. So please dont day dream for impossible. Dont fell into trap by Indian Lawyers as they are panacea for every ill in India but they themaselves are the biggestepidemic. And this is from my own experience hence I am too rude towards these lawyers at India but they are the necessary evil because nothing moves in the court without them. Leave your job at UAE or go for TNPCB.

Have a nice day. Regards.

Ashish Agrawal (Assistant)     22 September 2014

Sir

My brother has joined as ARO (Assistant Revenue Officer), Rajasthan Rajya Vidyut Prasaran Nigam Ltd. in August, 2011 as probationer on a permanent post. The probation period was of two years.

Due to some family problems, he was on leave from office since September, 2009. Recently, he requested the department to join back wherein they have informed that he can join the services by 01.10.2014 and submit the extraordinary leave for absconding period. (around three years). They wrote:

"With reference to your request, you are directed to join by 01.10.2014 and submit extra-ordinary leaves for regularization of absconding period."

Sir, my questions in this regard are as follows:

(i) Whether he need to give medical certificate for such period or he can quote the family problems while applying for such extraordinary leaves;

(ii) Whether regularization of his absconding period by EOL will count in probation period or he will require to undergo fresh two years probation period.

(iii) what will be his date of joining for the purpose of calculation of seniority for future promotions;

(iv) whether this period of EOL will be counted for future promotions; and

(v) whether this period of EOL will be counted for other future benefits /schemes like pension etc.?

Sir, please clarify. 

 

Thanks and regards


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