Civil Procedure Code (CPC)

El not being granted to permanent employee by hod

This query is : Resolved 

Online (Querist)
21 June 2021

I applied for Earned leave (EL) but it is kept as pending and no intimation whether i have been granted or not.
I am Government employee. should i apply afresh again as the EL leave period was applied during month of May 2021.
what are my right for EL

kavksatyanarayanaOnline (Expert)
21 June 2021

Any kind of Leave is not a right and it is only a privilege. Request your sanctioning authority to sanction EL and explain the reasons for such leave. If you have not satisfied with the authority, represent your next higher authority.

Dr J C VashistaOnline (Expert)
22 June 2021

I agree with the expert advise of Mr. Kavksatyananrayana.
No need to apply again, just submit your oral request to leave sanctioning authorities.

ashok kumar singhOnline (Expert)
22 June 2021

agreed with views of earlier experts, therefore no further comments, so far.

Shashikant V. PatilOnline (Expert)
22 June 2021

First asked your signing authority of your leave, why it has not approved. if not approved give the reason in writing.

Sudhir KumarOnline (Expert)
23 June 2021

There is absolutely no provision to ask the authority as to why leave is not sanctioned.

Such provocative steps ensures denial of any further leave against which he has no remedy.

Shashikant V. PatilOnline (Expert)
23 June 2021

It is not like that, the so called employee is asking EL , and , there are only two ways for signing authority, one is to approved his leave or another is not approved with appropriate remarks endorsed by signing authority in the leave application. If it is approved no issue. If it is not approved then issue is created and grievances redressal can take up to higher authority to resolve this issue . Many a Govt Depts have such leave applications incorporated with columns of Remarks. There is no question of asking but authority has to right the reason for not sanctioning leave .

T. Kalaiselvan, Advocate Online (Expert)
24 June 2021

While accepting the recommendation, the Cabinet have also observed that earned leave should not ordinarily be denied to any employee, especially in the last ten years of his career, so that earned leave accumulations beyond 180 days normally do not take place.
Rule 7 of CCS Leave Rules reads as under:-

"7. Right to leave (1) Leave cannot be claimed as of right.
(2) When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant.

GOVERNMENT OF INDIA'S DECISIONS (1) Government servants to be encouraged to take leave regularly.- The Government have had under consideration the recommendation made by the Second Pay Commission that the Heads of Departments, Offices, etc., should plan their work in such a way as to permit Government servants to take a certain amount of leave annually and a longer period after some years or according to any special necessity.
The leave sanctioning authority may, therefore, encourage Government servants to take leave regularly, preferably annually. In cases where all applications for leave cannot, in the interest of public service, be granted at the same time, the leave sanctioning authority should draw up phased program for the grant of leave to the applicants by turns with due regard to the principles enunciated.
A Government servant cannot claim leave as of right as per Rule 7(1). This does not confer any unbridled and arbitrary power on the sanctioning authority to deny leave at its whims. Only in the exigencies of public service can the authority refuse leave. It is not open to that authority to alter the kind of leave due and applied for except at the written request of the Government servants.

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