Dies non

Querist : Anonymous (Querist) 31 May 2021 This query is : Resolved
I was transfered during pandemic on the basis of nativity, to a place which is 400kms far away from my present location. So applied for leave, but rejected , and now showcased , to treat my leave as dies non. Due to pandemic, can I submit any reasons to my unauthorised absence

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An employee was transferred during the pandemic and their leave application was rejected, leading to their absence being treated as 'dies non'. The employee is seeking reasons to justify their unauthorised absence. However, experts suggest that the employee has not provided sufficient details about their transfer, leave application, and the specific reasons for absence, making it difficult to offer concrete advice. It's crucial to be truthful with employers, as providing false information could lead to disciplinary action.

Dr J C Vashista (Expert) 01 June 2021
Who is the employer and what are the terms and conditions of service qua transfer liability of employee ?

Prima facie hypothetical and fabricated facts posted by an anonymous author.

K Rajasekharan (Expert) 01 June 2021
You applied for leave based on some reason which others do not know. You cannot provide some other reason right now.

If pandemic situation is the reason you should have written that one alone.

The only thing one can understand from the query is that the reason you wrote is unacceptable to your employer.

It seems that the people in this forum, who are expected to provide legal clarity on issues raised here, may notbe able to provide you valid reasons in such a way that you get leave.

Message likes : 1 times

P. Venu (Expert) 01 June 2021
You have not posted complete facts. Where were you posted? which is the new place of posting? When you were relieved? When did you join after availing the joining time? ? Had you applied for the period of absence not covered by the joining time? What has been reason cited in the leave application, if any? etc.

Sudhir Kumar, Advocate (Expert) 01 June 2021
You have not been able to convey the relevants fact sufficient enough to understand what you want to know.

kavksatyanarayana (Expert) 01 June 2021
Yes. You have not posted full facts. To my understanding, if you have gone on leave due to a pandemic, you shall mention the reasons in your leave. So the employer is correct.

Advocate Bhartesh goyal (Expert) 02 June 2021
Once your leave application has been rejected by the authority then you can't take another reason for same period (absence ) now.

T. Kalaiselvan, Advocate (Expert) 02 June 2021
If the reason submitted by you for leave was different to that of what you actually wanted to project now would be different then you may not get any relief from your employer, instead you will be termed to defraud the employer with unsustainable resons or false information for which you may be liable for departmental enquiry or disciplinary action too.
If you are really serious about the reliefs to this crisis, you may come out with the facts so that the expert here may be able to suggest you alternate remedies

ashok kumar singh (Expert) 02 June 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks.

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