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Devang Mistry (Consultant)     17 September 2013

Transfer immediately after medical treatment/hospitalization

Respected All,

One of the client - working in MNC - this MNC is working  for Semi Government work. X- employee called to H.O.- New Delhi from Gujarat on leave of another employee for 15 days. During the visit - he suddenly got the stone pain and during the office hours on 12.06.2013 - immediately admitted to Hospital. He has already return travel permission on 13.06.2013. X- has taken pain killer/basic treatment in hospital and take discharge with two reasons :1. Next further treatment he can plan in his home town. 2. Since wife is pregnant and parents - old age not possible to come to Delhi to take care. Same night the pain started and X - immediately took flight and next morning admitted to Hosital for treatment. Before going to procedure room - he sent SMS to immediate boss "Now Hospitalized" but he(senior) not informed to others and started office politics that X- leave H.O. without informing & proper handover. X- discharged from Hospital on  25.06.2013 and after 5 days rest leave joined on 01.07.2013.

On 01.07.2013 - all staff and other senior told about the office politics from H.O. Suddenly from H.O. - HOD and Head HR come on 08.07.2013 asking to handover the charge to newly recruited Y and given transfer letter for another state i.e. U.P. - X has accepted the same and asked 10 days to join. i.e. 18.07.2013 but he reported on 22.07.2013 after due intimation.

After one month - he planned shifting process and settled at new posting. Now on 06.09.2013 - he intimated senior for medical check up leave for self- pregnant wife & son - 7 years son who is asthematic patient from 23.09.2013 onwards. One of the person at H.O. ask senior to send mail that due to Half Year Closing - they cannot accomodate leave. Suddenly on 07.06.2013 - 7 years son got asthema attack and family called him urgently but due to non-availability of transport and other work related issue - intimated the seniors including H.O. highest authority with supporting case papers that he will leave on 21.09.2013.

Note that X- employee has 78 PL leave balance.

Please guide ...

1. What is option available with Mr.X ??

2. Can X file suite against the H.O. person -  Mr.V  - for mental harraseement ??

 

 



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