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Goutam kr das   01 October 2019

sub: procedure regarding cancellation or approval oh EL

If one CG employee applies for EL is it his duty to enquire whether his application for EL has been approved by his immediate superior or it is the duty of his officer to inform him if rejected?. If no reply is received from the authority can it be treated as deemed approved? Because since fundamental principle is rejection of leave should be communicated to employee in question though notice.


Learning

 10 Replies

P. Venu (Advocate)     01 October 2019

Please state the materail facts.

G.L.N. Prasad (Retired employee.)     02 October 2019

Please go through laid down disciplinary rules and regulations applicable to your organization, the employer should inform in writing about the reasons for rejection of leave and communicate the same in writing to concerned employee, who applied for such leave.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 October 2019

This is a tug of war case. It is necessary to know material facts to give an opinion. Offices and institutions run on presumptions. Most often when a Government Servant applies for leave he may know based on the prevailing situation whether leave will be granted or not. If leave is granted most often the order will reach the employee after his return from leave. When leave cannot be granted the sanctioning authority may tell the employee orally or through an intermediary that leave cannot be granted. The reason for such rejection may be genuine or may be intended to harrass the employee. That is what I call tug of war.

Sudhir Kumar, Advocate (Advocate)     06 October 2019

Originally posted by : Goutam kr das
If one CG employee applies for EL is it his duty to enquire whether his application for EL has been approved by his immediate superior or it is the duty of his officer to inform him if rejected?. If no reply is received from the authority can it be treated as deemed approved? Because since fundamental principle is rejection of leave should be communicated to employee in question though notice.

 

 

CG employee applies for EL is it his duty to enquire whether his application for EL has been approved by his immediate superior

 

YES

Sudhir Kumar, Advocate (Advocate)     06 October 2019

Originally posted by : Goutam kr das
If one CG employee applies for EL is it his duty to enquire whether his application for EL has been approved by his immediate superior or it is the duty of his officer to inform him if rejected?. If no reply is received from the authority can it be treated as deemed approved? Because since fundamental principle is rejection of leave should be communicated to employee in question though notice.

 

If no reply is received from the authority can it be treated as deemed approved?

not at all

Sudhir Kumar, Advocate (Advocate)     06 October 2019

Originally posted by : Goutam kr das
If one CG employee applies for EL is it his duty to enquire whether his application for EL has been approved by his immediate superior or it is the duty of his officer to inform him if rejected?. If no reply is received from the authority can it be treated as deemed approved? Because since fundamental principle is rejection of leave should be communicated to employee in question though notice.

Because since fundamental principle is rejection of leave should be communicated to employee in question though notice.

 

Who told you this.  any rule you cna qoute in support of this contention

G.L.N. Prasad (Retired employee.)     06 October 2019

The thumb rule is laid down rules and regulations and other disciplinary proceedings.  Generally, in many Department rules, it was specifically stipulated that rejection of leave should be immediately communicated, and in case of exigency, employee can be recalled even during sanction leave with expenses of employer.

Sudhir Kumar, Advocate (Advocate)     06 October 2019

Originally posted by : G.L.N. Prasad
The thumb rule is laid down rules and regulations and other disciplinary proceedings.  Generally, in many Department rules, it was specifically stipulated that rejection of leave should be immediately communicated, and in case of exigency, employee can be recalled even during sanction leave with expenses of employer.

 

Generally, in many Department rules, it was specifically stipulated that rejection of leave should be immediately communicated

 

Unfortunately CCS(Leave) rules and instruction thereon have no such provision

Isaac Gabriel (Advocate)     06 October 2019

You are having confrontation with Management.In such an event,thumb rule rather than laid down rules will prevail to harass. Therefore , try to cool down the boss instead of annoying further.

G.L.N. Prasad (Retired employee.)     06 October 2019

In court of law, when there is no such rule, the practice prevailing in majority institutions, or written bipartite agreements prevail.  When there is no such rule to communicate, the practice followed in the same dept., or to the same employee may prevail.  In many leave applications, the formats are uniform and printed showing both Sanctioned, Rejected due to...etc. and a column for receiving the signature of the employee.


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