Reg. eol to pursue higher studies

is it necessary inform before apply?

certainly yes

What if I simply leave the office? because I already gave my EOL information to office.

this way you will expose yourself to disciplinary proceedings and if you do not join by 3.5 years then it is sufficient period to complete proceedings  which can result in any penalty upto dismissal.

. I suspect office people are ruling and misguiding me and bullying me.

you are already misguided.

one can be on EOL for 12 months in entire career.

But in CCS rule it is stated clearly employee can avail EOL upto five years if he give in writing. Kindly have a look at this link..

https://yearbook4goiemployees.weebly.com/extra-ordinary-leave-eol.html

Thats why I am confused to proceeed further.

which CCS rule you are referring.to.

This rule is for central govt employees, CSIR handbook, Swamy's handbook, I  saw this rule. I am working under CSIR, dept of industrial research minstry.

so you do not even know which rule you are talking about.

read rule 32of CCS (Leave) rules

32. Extraordinary leave:

(1) Extraordinary leave may be granted to a Government servant (other than a military officer) in special circumstances-

(a) when no other leave is admissible:

(b) when other leave is admissible, but the Government servant applies in writing for the grant of extraordinary leave.

(2) Unless the President in view of the exceptional circumstances of the case otherwise determines, no Government servant, who is not in permanent employ or quasi-permanent employ, shall be granted extraordinary leave on any one occasion in excess of the following limits:

(a) three months;

(b) six months, where the Government servant has completed one year's continuous service on the date of expiry of leave of the kind due and admissible under these rules, including three months’ extraordinary leave under Clause (a) and his request for such leave is supported by a medical certificate as required by these rules;

(c) [Deleted.]

(d) eighteen months, where the Government servant who has completed one year’s continuous service is undergoing treatment for -

(i) Pulmonary Tuberculosis or Pleurisy of tubercular origin, in a recognized sanatorium;

NOTE. - The concession of extraordinary leave up to eighteen months shall be admissible also to a Government servant suffering from Pulmonary Tuberculosis or Pleurisy of tubercular origin who receives treatment at his residence under a Tuberculosis Specialist recognized as such by the State Administrative Medical Officer concerned and produces a certificate signed by that Specialist to the effect that he is under his treatment and that he has reasonable chances of recovery on the expiry of the leave recommended.

(ii) Tuberculosis of any other part of the body by a qualified Tuberculosis Specialist or a Civil Surgeon or Staff Surgeon; or

(iii) Leprosy in a recognized leprosy institution or by a Civil Surgeon or Staff Surgeon or a Specialist in leprosy hospital recognized as such by the State Administrative Medical Officer concerned;

(iv) Cancer or for mental illness, in an institution recognized for the treatment of such disease.

(e) twenty-four months, where the leave is required for the purpose of prosecuting studies certified to be in the public interest, provided the Government servant concerned has completed three years’ continuous service on the date of expiry of leave of the kind due and admissible under these rules, including three months’ extraordinary leave under Clause (a).

(3)(a) Where a Government servant is granted extraordinary leave in relaxation of the provisions contained in Clause (e) of sub-rule (2), shall be required to execute a Bond in Form 6 undertaking to refund to the Government the actual amount of expenditure incurred by the Government during such leave plus that incurred by any other agency with interest thereon in the event of his not returning to duty on the expiry of such leave or quitting the service before a period of three years after return to duty.

(b) The Bond shall be supported by Sureties from two permanent Government servants having a status comparable to or higher than that of the Government servant.

(4) Government servants belonging to the Scheduled Castes or the Scheduled tribes may, for the purpose of attending the Pre-Examination Training Course at the centers notified by the Government from time to time, be granted extraordinary leave by Head of Department in relaxation of the provisions of sub-rule (2).

(5) Two spells of extraordinary leave, if intervened by any other kind of leave, shall be treated as one continuous spell of extraordinary leave for the purposes of sub-rule (2).

(6) The authority competent to grant leave may commute retrospectively periods of absence without leave into extraordinary leave.

It is not binding upon the deptt to grant even a single day of leave.  It is their discretion.

Further it appears that you have not even sought deptt's permission to continue studies.

read rules on this.

(1) Joining of Educational Institutions by Government servants outside normal office hours.

It has been brought to the notice of this Ministry on behalf of Government servants belonging to Scheduled Castes/Scheduled Tribes, that certain Ministries/Departments do not permit members of their staff belonging to these communities to join educational institutions outside the normal office hours.

2. As the Ministries are aware, it was proposed in this Ministry’s OM No. 25/27/52-Est., dated the 3^rd May, 1952 (not reproduced) to issue general instruction on the subject. The replies received to that OM however revealed that while some Departments found that efficiency was suffering on account of Government servants attending a regular course of study for University Degree even outside office hours, a great majority of the Ministries was able to permit their employees to pursue such studies without detriment to official duties and that no serious problems had been created in most of the Departments by Government servants joining educational institutions. It was, therefore, not considered necessary to issue any specific instructions on the subject. Ordinarily there can be no objection to the pursuit of knowledge by Government servants in their leisure hours. But this must be subject to the condition that such pursuit does in no way detract from their efficiency. Wherever found necessary, the administrative authorities may require that Government servants under their control should take prior permission before joining educational institutions or courses of studies for University Degrees as the joining of educational institutions involves advance commitment about attendance at specific hours and absence from duty during periods of examinations. Ordinarily, permission is to be granted but with a view to summarily dealing with cases where it is noticed that the Government servant has been neglecting his duties for the sake of his studies, a condition may be attached saying that the permission may be withdrawn at any moment without assigning any reason. This will, of course, be without prejudice to any other departmental action being taken where mere withdrawal of the permission is not considered adequate..

3. Government servants belonging to the Scheduled Castes/Scheduled Tribes may be allowed to take full advantage of the educational facilities subject to the policy stated above.

4. These instructions have been issued with the concurrence of the Comptroller and Auditor General in so far as persons serving under him are concerned.

[MHA OM No. 130/54-Ests.(A), dated 26.02.1955.]

refer to link

https://www.lawyersclubindia.com/forum/Employer-not-issuing-permission-for-higher-study-101199.asp#.VAHc0aOO5G0

Confused. Actually this is the exact statements which is in our offfice rules handbook.

EXTRA ORDINARY LEAVE (EOL)
 

you have been given the rule as laid down by President as per provisio to Atricle 309 of the constitution.  If your deptt has a pamphlet with seperate provision then it may not be statutory.

You can also ready rule 12

Rule 12 - No leave of any kind can be granted for a continuous period exceeding five years except with the sanction of the President.

It nowhere say that EOL can be granted for 5 years. Actual admissibility is given in rule 32 which is much less than 3.5 years.

Further the said limit of five years is admissible only in those cases where deptt is ready to give leave.  Your case is different :-

1. You do not have deptt's permission to continue study.
2. leave sanctioning authority is not ready to give any leave.(as apparent from your blog)

you can also ready rule 7

Rule 7(1) - Leave cannot be claimed as of right.

Rule 7(2) - The leave sanctioning authority may refuse or revoke leave of any kind, but cannot alter the kind of leave due and applied for.

Stick to the leave rules circulated to you by your employer and build your case on these. Obtain one certified/authenticated copy from concerned personnel.

Ignore everything else from any other source.

Submit leave application (and cite the leave rules in it) and obtain acknowledgment.

Request to supply sanction/declinature in writing with citation of rules from your office handbook.

Refer to the rules that stipulates the time/TAT within which approval/declinature/communication/revert has to be supplied to the applicant and obtain written response.

Seek guidance from a seasoned colleague from within your dept/union leaders and also able labor Consultant/Service lawyer well versed with YOUR DEPT/OFFICE RULES…………………………….AND PROCEED UNDER HIS GUIDANCE.

Even if you are short of time don’t act in haste and don’t ERR.