rachitp
19 July 2015 at 09:54
Hi,
I am working at Uttarakhand state owned PSU on probation period of two years(completed one year of probation). I have applied for extraordinary leave to pursue Masters degree(Rules defined for leave in Uttar Pradesh Financial Handbook volume II part 2-4 Rule 85 and subsidairy rule 157A(4)). The conditions are as follows:
(1) the government servant concerned has completed three years of continuous service on the date of expiry of leave of the kind due and admissible under the rules
(2) before grant of the extraordinary leave the government servant concerned gives an undertaking by executing a bond prescribed in Form No. 10 to the effect that he would, if required, serve the Government after returning from leave in the same post or in any other capacity as may be required for a period of at least three years and, in default, pay to Government an amount equal to ten times the monthly pay which he was drawing at the time of proceeding on leave, and other expenses, if any, which may be incurred on him together with interest thereon from the day following the expiry of the sanctioned leave at the rate of one per cent over and above the Bank rate in force on the first day of April of the financial year in which the leave may commence.
Now they tell me the ramifications caused by the EOL i would take:
First if I join back after leave and serve for minimum three years:
The probation would be extended and i will be put again on probation for 2 years(although i have completed 1 year of probation)
as a result my seniority will be affected and i'll be at the bottom of pool(I am at the 5th position of seniority) so impact on promotion
My increments will be kicked forward for two years so impact on salary sending me back two years in service(HUGE LOSS IN FUTURE!!!!)
The other if I wont serve for minimum 3 years after completing the leave(what i Intend to do):
I have to pay out bond mentioned above. the amount is ten times of current monthly salary i.e aroud INR 5 lakhs.
In addition the service bond for three years which i had given at the time of joining amounting to INR 1 Lakh also applies.
That makes 6 lakh bond amount if i leave.
And above all the Leave is without pay(which extraordinary leaves are)
Now the situation that I percieve is going for masters with EOL is a LOSS on every condition. Can anybody help me out by telling which of the conditions can be challanged or are invalid that are made up Hypothetically by the HR deptt. as other way of saying 'NO' to permit for leave.
Can anybody help me to come out of this No-Go situation???Also Is someone having power with whom the bond amount of 10 times salary be negotiated???
Asir
18 July 2015 at 22:55
As per the UGC letter dated 7th June, 2013,No:F.1-6/2012(PS) AND THE FOLLOW UP LETTER FROM DIRECTORATE OF HIGHER EDUCATION OF GOA WITH REF NO: DHE/MISC/2013/1935 DATED 17/07/2013, Study leave can be provided to a Assitant Professor to pursue higher studies. Now I am working in a University as a Assistant Professor in Physics. My qualification is M.Sc., Ph.D in Physics and I have completed three years of continuous service. Now I want to pursue M.Sc in other branch in regular mode(with/with out fellowship/Scholarship). Is I am eligible for pursue this degree under study leave ? In case I am not availed with scholarship to pursue this, can I get salary for this duration of this course ? I kindly request the lawyers from lawyers club to give clarification regarding this.
Saravanan Kumar
18 July 2015 at 22:52
I've resigned from my current employer, my notice period is 3 months. Either I can serve or buy out notice period as per appointment letter. I'm completing my one month notice period in next week. HR is non committal on my relieving date and not receiving reply also.
What shall I do now, the below is the point regarding my resignation.
"10. In the event of employee's deciding to resign from his services with the company at any time after joining, he has to give 3 months' advance notice to
the company in writing or pay equal amount of 3 months' salary in lieu of 3 months' advance notice. During the notice period, he shall complete all the
pending satisfactorily tasks assigned to him earlier without causing interruptions/disruptions to company's business activities failing which all his
arrears, if any, will be forfeited by the company & no documents pertaining to his relieving from the company will be given. He would also not be eligible for
any leave during the notice period.
However, the company shall have the right to treat his notice of resignation as resignation itself & revive him from service immediately without insisting upon 3 months' advance notice."
salim shaikh
18 July 2015 at 22:45
Sir I have all the documents . Just need to know is society noc compulsory for passport verification in police station. As im the owner . Have some dues pending with society they will not give me the noc.
gowrishankar
18 July 2015 at 21:24
Hi! I worked 18 months in esi corporation, I resigned my service Nov - 2012, till I didn't get some of arrear, leave encashment for balance leave, bonus for that period, gsli etc, I have given letter more than 4 times and filed RTI abt status of letter, no reply... What shall I do? Shall I file CAT? Am I get any interest for delay for my arrear?
himanshu
18 July 2015 at 07:31
How can we say that bond filled by ccompanies are legal or not .what are the conditions for that
Anonymous
17 July 2015 at 19:46
Hello,
I have resigned from the company stating that I have personal reasons and I will not be able to serve the notice period. Can company show me as absconded? Will I be able to get the relieving letter from the company?
V.N.K. MENON
17 July 2015 at 19:37
Dear Ld. experts,
I am party-in-person.
My application (senior citizen 63+ yrs) for expeditious early hearing of WPC which had been filed by employer, was declined by High Court and I filed SLP in Apex Court challenging the said rejection.
Yesterday, the Supreme Court directed the High Court to take up the matter for expeditious early hearing as the case is of senior citizen (taking note that 60 and above are eligible) for early hearing.
In the circumstances, what next steps should I take up.
1) Any follow up at High Court is required from my side?
1)Whether I have to mention the case in the High Court after getting certified copy from Supreme Court.
Your considered opinion shall be highly appreciated.
kumarjainn
17 July 2015 at 19:14
sir
three senior govt officers working in same office in Delhi were asked to attend a training program from 9 a.m. to 5.30 p.n. of four days in Delhi . The training is treated as duty. The training institute is at a distance of more than 8 kms from their permanent duty point/place of residence. As the residence of them are too far from each other all the three went in their car to attend the course. Are they individually entitled to get Traveling allowance and Daily allowance (TA /DA) for attending the course or the duty point will be deemed to be shifted to the training place and no TA/DA is admissible as they are getting Transport allowance. Or the claim will be rejected as they have not taken a shared taxi or travelling allowance will be limited to share taxi.
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