Exceptional cases leave and dismissal/termination from services
Swastika
(Querist) 24 May 2016
This query is : Resolved
Hello Ma'am/Sir,
I am a Manager in a renowned development sector organisation. I applied for BPSC Assistant Professor examination [advertised in Sept. 2014] after my M.Phil from University of Delhi and working as an Assistant Professor in a private college. I was expecting for the exam to happen by end of 2014 and results to be declared by mid 2015. Which did not happen that way. The exams were delayed for more than 1 year for variety of reasons and interviews were conducted only in December 2015. While waiting for this government exam to happen, I also applied for PhD program in the UK in January. Being a meritorious student, I got admission in the UK PhD program in January end 2016 as well as full international scholarship with maintenance grant on 8th of March 2016. BPSC, after much delay, published the results of the interview on 12th May 2016.. Now, my worries are following:
1) My PhD PROGRAM STARTS FROM 1st of October, when I will be still in probation [The post is a permanent post with 2 year probation]. And as per my knowledge, I won't be eligible for any ways to avail a long leave of three years.
2) Still, since I have a very genuine cause (I am the only one to receive this full scholarship from India for a PhD this year and the University is a top-most university), is there any way I can request and hope for extraordinary leave of any kind? Who will be such authorities to grant such exceptional cases leave?
3) Who are the people I should keep informed and submit an application to, in case after working for 3 months , I decide to proceed for PhD to be legally not considered having done a mistake/crime?
4) In how many days, I can expect a reply from the authority on whether my leave has been granted or rejected?
5) In case the request for leave is rejected, how much time normally will I be given before they terminate or dismiss my services?
6) I am worried because I am very passionate about doing a PhD, but I also want to contribute to Bihar in some ways - a small state where education is in a bad shape. And since this vacancy has come after 13 years, don't know how long will it take for the next vacancy to come.
I will be very happy if someone having a sound knowledge of labour laws responds. I will be very oblized.
Thanks
S
Kumar Doab
(Expert) 24 May 2016
It is suggested that you must not conceal anything in employment application, attestation form.
You need to put up the matter to leave sanctioning authority.
If you are meritorious and exceptions are to be worked out it can only be by the authorities.
Authorities are to follow the book and are apprehensive of setting a precedence.
You may wait for the advise of other learned experts.
Swastika
(Querist) 24 May 2016
Thanks a lot Sir for responding.
I would be very thankful if someone could inform me more on this, especially Q. 4 and 5.
Kumar Doab
(Expert) 24 May 2016
The service rules should describe it.
P. Venu
(Expert) 25 May 2016
All the queries, Q 4 & 5 included, are of matters of procedure and their application. Everything depends upon the ethos prevailing in the organisation.
Perhaps, you are viewing the issues as crises; but fact you are offered platterful of opportunities. Make an intelligent choice.
Rajendra K Goyal
(Expert) 25 May 2016
For question 4 & 5 no rule can be fixed, depend only on departmental procedure and the person / team to take the decision.
Sudhir Kumar, Advocate
(Expert) 25 May 2016
And as per my knowledge, I won't be eligible for any ways to avail a long leave of three years.
WHO TOLD YOU THIS. IF YOU ARE SURE THAT YOUR REQUEST CANNOT BE COVERED BY RULES THEN WHY THIS QUESTION.
YOU MAY NOT BE ELIGIBLE FOR STUDY LEAVE UNLESS YOU ARE PERMANENT AND HAVE SERVED FOR FIVE YEARS. THAT DOES NOT MEAN THAT NO LEAVE CAN BE GIVEN TO YOU.
YOU HAVE ALSO NOT CLARIFIED WHETHER YOU MET THE ADMINISTRATION OF YOUR COLLEGE
Sudhir Kumar, Advocate
(Expert) 25 May 2016
is there any way I can request and hope for extraordinary leave of any kind? Who will be such authorities to grant such exceptional cases leave?
ASK ADMINISTRATION.
Sudhir Kumar, Advocate
(Expert) 25 May 2016
3) Who are the people I should keep informed and submit an application to, in case after working for 3 months , I decide to proceed for PhD to be legally not considered having done a mistake/crime?
YOU HAVE NOT AT ALL BEEN ABLE TOP CONVEY WHAT YOU WANT TO KNOW.
Sudhir Kumar, Advocate
(Expert) 25 May 2016
4) In how many days, I can expect a reply from the authority on whether my leave has been granted or rejected?
5) In case the request for leave is rejected, how much time normally will I be given before they terminate or dismiss my services?
THIS FORUM DOES NOT KNOW HOW EXPERT YOUR UNIVERSITY ADMINISTRATION IS IN CONDUCT OF DISCIPLINARY CASES.
THIS IS NOT A LEGAL QUERY RATHER AN ASTROLOGICAL QUESTION.
Sudhir Kumar, Advocate
(Expert) 25 May 2016
6) I am worried because I am very passionate about doing a PhD, but I also want to contribute to Bihar in some ways - a small state where education is in a bad shape. And since this vacancy has come after 13 years, don't know how long will it take for the next vacancy to come.
THIS IS NOT A LEGAL ISSSUE.
Sudhir Kumar, Advocate
(Expert) 25 May 2016
I will be very happy if someone having a sound knowledge of labour laws responds.
IT IS NOT KNOWN IF EXPERTS AT THIS FORUM HAVE "SOUND KNOWLEDGE" OF LABOUR LAWS TO MATCH YOUR QUERY.
YOU CAN GO TO ANY LAWYER WITH "SOUND KNOWLEDGE" PAY HIS FEE
Sudhir Kumar, Advocate
(Expert) 25 May 2016
The title of your query indicates that you are expecting and willing for quitting job.
In this case why do you want and opt to be terminated or dismissed.
Termination is technically not a stigma but you know practically what it is.
Dismissal from govt job is blanket ban on future consideration (AT LEAST WHAT I KNOW WITHOUT "SOUND KNOWLEDGE")in government.
If you are keen o PhD and convinced that no leave will be given the why not to respectfully resign.
Further (AT LEAST WHAT I KNOW WITHOUT "SOUND KNOWLEDGE") as a Govt servant you are required to take permission of the deptt before joining further education. You have not specified whether you did so.
The question of grant/non-grant of leave is subsequent to the same.
Swastika
(Querist) 25 May 2016
Thank you Sirs for taking out precious time and responding to my query.
Sudhir sir, my phrase "sound knowledge" was never meant as derogatory. It's a relative phrase to imply my novice and rudimentary knowledge about legal procedures. I wanted to take an opinion from people who know such things or deal with such things because I don't. So, it was not meant to be taken as disrespectful.
Thank you so much again, all of you. I think I have got my answer. I will consult my department and get a perspective.
Kumar Doab
(Expert) 25 May 2016
It is good to note that you have got the answers. Pls consult the authorities and put up your case.
