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Fr-26 (eol without medical certificate)

(Querist) 19 April 2018 This query is : Resolved 
From where can I get a copy of FR-26 (EOL without medical certificate) of Fundamental Rules and Supplementary Rules.
Thanks
Guest (Expert) 19 April 2018
The Rule does not deal with EOL. It relates to the grant of increment in various circumstances, like duty, joining time, deputation, leave, etc. Rule relating to EOL is available in CCS (leave) Rules of the Government of India or in the FR & SR Part-III.

You may better state the real problem, if to be sorted out, rather than putting an uncertain type of question. However, if you want to see the related rules pertaining to service matters and leave, you may have to buy Swamy's FR & SR Part-I to FR & SR Part-V, dealing with different service issues. These books are stocked for sale by most of the Law Book Sellers in each city. You may enquire from some law book dealer at your city.
sunil (Querist) 19 April 2018
Sir,
I was given EOL for PHD research work (abroad) from my office (autonomous under DAE) for 4 years. I returned and joined back before the end of EOL. As the leave was finishing and my VISA expiring I had to come back and join my office. After joining my office I worked towards finishing my thesis and its submission. As the correspondance with my Supervisor in Australia happens through email, it took for me 3+ years to submit my thesis and get the degree. Meanwhile my office issued an order to take back my seniority as well as downgrade my basic salary and recover the amount which they paid me for 2 years after coming back from Australia. On asking they say that they took the decision based on Fundamental Rules and Supplementary Rules FRSR chapter on increments FR 26.
This is the real problem. Can you help me judge if the office has done the right thing ?
Guest (Expert) 19 April 2018
Normally, EOL taken for approved courses of higher studies, if mentioned in leave application, counts for earning future increments, provided the competent authority issues certificate that you would have continued to serve on the post subject to your proceeding on EOL. Seniority can also not be affected adversely. But, it seems you have not been able to discuss the real problem appropriately. So, examination of your documents pertaining to sanction of leave and other correspondence exchanged between the office and yourself would need close examination to help arrive at some meaningful opinion.
sunil (Querist) 19 April 2018
Sir,
Immediately after joining the office after availing EOL, my office considered my 4 year leave and appropriately fixed my basic based on my seniority. isn't this state clearly that EOL taken by me counts for future increment?
After 2 years they asked me for the PhD certificate. I requested then that my thesis writing is going on and I will submit the certificate soon. The office based on a correspondence by email to my Supervisor in Australia came to a conclusion that office has given me ample time to submit the certificate and now office has to take action. This was carried out by downgrading my basic salary and recovering the benefits paid to me, which happens to be a considerable amount. Is this then justifiable action by the office ?
The office then terms my leave as EOL without medical certificate and the action is taken as per the FR-26 rule of FRSR.
Guest (Expert) 19 April 2018
For successful completion of the course for the purpose of which the EOL was taken, the office can ask you to submit degree granted by the university, as a proof.

However, without detailed examination of the related documents, nothing specific opinion can be formed about your case. You may get the case related documents examined from some local service laws expert.
sunil (Querist) 19 April 2018
Thanks sir.
I wanted to ensure myself that I am taking the right step.
Sir, will it be proper for me to represent my GRIEVANCE to Ministry Of Personnel, Public Grievances & Pensions and seek their help ?
Ms.Usha Kapoor (Expert) 20 April 2018
I agree with Expert Dhingra Ji.
Sudhir Kumar, Advocate (Expert) 20 April 2018
It is apparent that you hve not been able to covey facts clearly.

Be clear.

It was EOL (not study leave) as explained by you so deptt could not compell you to submit degree.

whether you submit degree or not, you are not entitled to any salary, pension, leave credit or increment for the period of EOL. So on joining your basic pay should have been same which was four years back. You are not clear with the facts what was your salary prior to proceeding on leave and what was it fixed after return from leave and how much it is being reduced now.

you are also not clear whether any Show Cause Notice was issued while reducing salary.

Since it was sanctioned leave you cannot be made to lose seniority whether you submit degree or not that too without Show Cause Notice.

please clear the facts.
sunil (Querist) 20 April 2018
Sudhir Sir,
The EOL granted by my office was for study purpose and without pay. I was also told that my seniority for 4 years will be preserved. Office fixed my basic after considering 4 years seniority when I joined back.
P. Venu (Expert) 20 April 2018
Yes, the facts posted are incomplete and lack clarity that it is impossible to offer any meaningful suggestion.
Sudhir Kumar, Advocate (Expert) 20 April 2018
you are still confused and not giving correct informatiopn.

salary has nothing to do with seniority.

were you or were you not given increments for four years while fixing your salary after coming back form leave.
sunil (Querist) 21 April 2018
Sudhir Sir. That is the point. I was given increment for four years after coming back from leave. But they recovered it back after 2 years stating that i did not complete my study for which I was given EOL. Now the leave of 4 years given to me is being termed as "EOL without medical certificate" and without incremental benefits. Now how it has to be interpreted ?
P. Venu (Expert) 21 April 2018
What prevents you from stating the complete facts.
Guest (Expert) 21 April 2018
Nothing wrong on the part of the Admn to treat the EOL without MC and not for educational purpose, if you failed to submit proof of your higher education. You should not expect any increment for that period, if you are unable to submit the requisite degree for the purpose of which you took leave.
Sudhir Kumar, Advocate (Expert) 22 April 2018
If they gave you increments for four years while you earned no salary then it was a clearly illegal action. Your pay should have started from the pay from which you proceeded on leave.


Disciplinary action could have been taken against all those who handled your fixation of pay after joining. If the excess paid amount was not recovered from your it could have been recovered from their salary.

If they have recovered such excess paid amount (even if you submitted degree on the date of joining) they have corrected the mistake and saved themselves from audit problem.
Sudhir Kumar, Advocate (Expert) 22 April 2018
you are also aggrieved that the leaved period of four years is treated as EOL without MC.

How else do you think the period should be governed.

Do you think that you are entitled for anything more.


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