Categorisation of Dies non

Querist : Anonymous (Querist) 23 June 2017 This query is : Resolved
I held a Grade B gazzetted post at Ministry of MSME, GOI from 27/07/2016 to 19/06/2017. During this period I availed two spells of leaves. In the first spell from 01/08/2017 to 16/11/2016 i.e. 108 days after adjusting for 13 days of EL 8 days of Half pay leaves, my office classified the remaining 87 days of my absence as extraordinary leaves for which only HRA was paid to me.
After this I joined my office on a regular basis and took the second spell of leaves from 16/01/2017 to 27/04/2017 (i.e. 102 days). This time
my office adjusted 4 days as EL and 3 days as HPL. The remaining 95 days were classified as Dies non. I joined the office on 28/04/2017 and finally resigned on 19/06/2017 after serving 30 days notice period as was mandated for officers on probation in the Offer letter for this job.
I wish to ask whether the treatment of leaves during second term of leaves is justified. My office said that since CSS rules permit only three months of EOL on one occasion and that my leaves for second term exceed three months so the entire period of 95 days will be treated as Dies non. Further they say that this term can' t be birfucated into 90 days of EOL and 5 days of dies non since as per them there are no such written instruction permitting birfucation of leaves. Is it the correct interpretation ?
Moreover, I wish to ask that what would be the impact of Dies non Vis a vis EOL in terms of HRA payment and my service record ?

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Rajendra K Goyal (Expert) 23 June 2017
No reply to query from an author who is anonymous.

Kumar Doab (Expert) 24 June 2017
No reply to AQ.............

Advocate Suneel Moudgil (Expert) 24 June 2017
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P. Venu

(Expert) 25 June 2017
It is the correct legal position that, in the instant case, EOL cannot be granted for than three months. Moreover, you had tried to avail of too much of leave, of which no no responsible officer can take a liberal view. Please note that sanction of leave, even when sufficient leave is in credit, is at the discretion of the controlling officer.

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