Hello,
I am a Management Trainee at a Central PSU. I went home on a casual leave(approved in advance) of 7 days from 16th april to 23rd april. I wrote a letter addressed to my General Manager (through my project officer, who is the immediate senior) asking for 3-month's(from 24th april to 24th july) extra ordinary leave without pay for my mother's treatment.I did not get any reply but from other sources i came to know that the leave has been granted by project officer itself.I came back on 4th july (only 71 days although leave was for 90 days)
When I came back I gave an application to my project for allowing me to resume my service.My project officer marked it to personal officer of my unit.People of personnel department believed that It was NOT in powers of project officer to grant Extraordinary-leave-without-pay and it is only Director (personnel) who can grant such leaves.So they treated my case as an absentism (which was actually not , since my project officer granted my leave and it was in his powers also which I later came to know of)and initiated a Notesheet for allowing me to join the duty.
Notesheet reached to HOD(Executive Establishment)through proper channel.HOD(EE) queried again to my unit whether any leave was granted to me or not.to which they replied that no leave was granted(although my leave application had written "Granted" on it by my project officer).
HOD presented the case to Director(Pers.) for necessary action.Director (personnel) consulted HOD(Legal) in this matter and HOD Legal's reply was
"Sri. xxxxx was absent from duty from 24th april to 3rd july.Not Allowing him to join is unlawful and he should be allowed to resume his duties immediately"(Although i read this reply unofficially and i have no copy of it.)
Final Letter from HOD(EE) to my GM (i have a copy) reads:
"Kindly refer to your Note dated.... regarding extra-ordinary leave in respect of Shri XX.The matter having been placed before Competent Authority, I am directed to inform you that Sri XX be allowed to resume duty immediately, if not already allowed.He has also been granted extra-ordinary leave from 24-4-2013 to 03-7-2013(71 days), as proposed in the note-sheet from Area."
But i was finally allowed to join on 29th August.And i lost salary of 56 days(after 71 days of leave without pay period) due to this whole procedure.
Now my point is:
1.Since i sent a proper application which was granted by my senior oficial. Even when the leave was to be granted by Director(Pers.),I should have always written to my Project officer and it project officer itself grants that, how could i go to Director. Shouldn't I be given salary of the said period, in which i could not perform my duty due to the negligence of my Company?
2.I have also a document named Dlegation of powers and in the powers of my project officer it is given that "Full power to grant all kinds of leave to any employee under his administrative control" So basically my leave was also a proper granted application.That way also i should have been allowed to join the very day i came back.
3. Can the company say that since we dont have any attendance records whether your were present after reporting or not..You cannot be given salary if attendance is not there.
4. Is there any law which says that if any regular employee comes from a properly granted leave and then the organisation does not allow him to join for a long period and then after a long undue procedure he is allowed, then he should be given salary of that period?
I need an expert's opinion.That would be a great help.
