Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Eol without mc and first increment regarding

(Querist) 05 January 2022 This query is : Resolved 
I am working as medical officer in level 10 of pay matrix in central govt. I joined service on 29th sept 2020, had availed EOL without medical cause for the purpose of my marriage for 14 days (which was in continuation of Earned leave) in Jan 2021, since there was no leave on credit. It was completely pre informed and with approval. (Total leave record for the month of January- 10 days EL, 7 days half pay leave, 14 days EOL; as two separate spells). I was not given the advance 15 days EL credited on January every year as told in the manuals, telling that its because I’m on probation. But i was denied my increment on july 21, telling that i had break in service continuity. But I couldn’t find it clearly in any rules. Can you please help me clarify this?
Sudhir Kumar, Advocate (Expert) 06 January 2022
you as well as your appear to be well confused.

Since there was EOL without you have not undertaken 21 days qualifying service so two days are bound to be deducted from your advance EL credit.

increment will be admissible if more than 6 months qualifying service has been completed by 1st July.
Dr Ardra Kurian (Querist) 06 January 2022
Yeah, Thankyou for replying sir.
But does this 6 months qualifying service need to be continuous and does my EOL of 14 days cause a service discontinuity?
I had more than 9 months of service by july 1 2021, but i was denied increment.
P. Venu (Expert) 06 January 2022
Yes, the facts posted are confused. If you have not been given advance credit of leave, how could you avail EL for 10 days and HPL for 7 days?

Please clarify the following as aspects:
- No. of EL & HPL credited into your Leave Account for the period from 29th September 2020 to 31st December 2020;
- No. of days EL/HPL/EOL availed, if any, during the above period;
- Advance EL/HPL credited to Leave Account on 1st January 2021;
- No. of days of EL/HPL/EOL availed during the above period; and
- Balance of EL/HPL in the Leave Account as on 30the June 2021.
Dr Ardra Kurian (Querist) 06 January 2022
Hi, I’m sorry for confusing.
1. credited EL-7.5, HPL- 5 as on Dec ‘
2. No EL or HPL was availed from sept to dec ‘20.
EL and HPL availed in Jan ‘21 - EL-10, HPL-7
( According to the office, Its the total of all the EL and HPL credited as on Jan 31, 2021 )
3. Advance EL and HPL was not given, as stated by the office staff, mentioning that i am in probation period.
4. Further no EL or HPL was availed from February to June ‘21
5. Balance as on June ‘21- EL- 12.5
HPL-8.3 ( according to my calculation, from February ‘21 to June ‘21)
Thank you
Sudhir Kumar, Advocate (Expert) 06 January 2022
being in probation is no ground (just no ground) for denial of advance credit on 1st January and 1 July of each year (proportionate to qualifying period)
P. Venu (Expert) 06 January 2022
Yes, your office has misunderstood the provisions of CCS(Leave) Rules, 1972.

Calculation of Earned Leave is governed by Rule 27 (1) -

"27. Calculation of Earned Leave
(1) Earned leave shall be credited to the leave account of Government servant at the rate of 2½ days for each completed calendar month of service which he is likely to render in a half-year of the calendar year in which he is appointed"

Further, Rule 26 (1)(a)(i) provides for advance credit of Earned Leave -

26. Earned leave for Government servants serving in Departments
other than Vacation Departments

(1)(a)(i) The leave account of every Government servant (other than a military officer) who is serving in a Department other than a Vacation Department, shall be credited with earned leave, in advance, in two instalments of 15 days each on the first day of January and July of every calendar year"

Based on the above Rules you were entitled 5 EL during the period ending 31st December and the credit of 15 days of EL on 1st July.

Similarly, entitlement for HPL is governed by by Rule 29 -

"29. Half pay leave
(1) The half pay leave account of every Government servant (other than a military officer and those covered by Rule 28 ) shall be credited with half pay leave in advance, in two nstalments of ten days each on the first day of January and July of every calendar year.

(2)(a) The leave shall be credited to the said leave account at the rate of 5/3 days for each completed calendar month of service which he is likely to render in the half –year of the calendar year in which he is appointed."

Accordingly, you were entitled for 3 days of HPL for the period ending 31st December and credit of 10 days of HPL on 1st January.

Thus you had the credit of 20 days of EL and 13 days of HPL during the period you had applied for leave. The office has gravely fell in error in compelling you to apply for EOL. You may represent. You also have the option to submit a revised leave application.

As regards to sanction of increment with effect from 1st of July, the office has erred in suggesting that there has been a break in service. The period of leave, unless refused. does not constitute a break in service. It makes no difference that EOL was applied for sanctioned.

The period of qualifying service for annual increment, as per the extant norm, is a minimum of six months. Of course, period spent in EOL does not count (though not a break in service) as qualifying service. However, in the instant case, the querist has completed more than six months of qualifying service. She may represent or submit a statutory appeal.
Dr Ardra Kurian (Querist) 06 January 2022
Okay Sir. Thank you so much for clarifying.
kavksatyanarayana (Expert) 06 January 2022
Yes. Agreed with the advice of the learned expert Mr.P.Venu sir.
Dr Ardra Kurian (Querist) 25 January 2022
@ P Venu Sir,
Thank you so much for your clarifications.
I put forwarded my grievances mentioning the points you told and i was asked to reapply for leave. And just today I got leave and increment sanction order (w.e.f july 1 ‘21) from the office.
Thank you so much.
P. Venu (Expert) 26 January 2022
It is good that office has corrected their mistake.


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