Under the fundamental rules of india,commutted leave not sanctioned?
R.S Sharma
(Querist) 09 October 2016
This query is : Resolved
बीमार होने पर निर्धारित आबेदन पत्र मेडिकल सर्टिफिकेट एवं फिटनेस सर्टिफिकेट पेश करने के बाद भी commotted लीव स्वीकार नहीं करते हुवे रिटायरमेंट के बाद बिना किसी जाच एवं स्पस्टीकरण मागे बिना ही आबेदित अबकाश जिला न्यायलय ने लीव without pay sanctioned किया जिसकी write हाई कोर्ट में पेंडिंग हे,सहाता करे?
adv.bharat @ PUNE
(Expert) 09 October 2016
Why commotted leave is not accepted by authority? What is the reason given behind ?
Guest
(Expert) 09 October 2016
Fundamental Rules of Centre or State Government and of which state, you are talking about?
Also, when your own lawyer was not able to provide you any help, even after knowing full details of your case, what type of help do you desire from the experts of this forum without discussing about the reason quoted in the court judgment for sanction of leave without pay?
Please give full extract of court judgment quoting reason for grant of leave without pay instead of commuted leave.
Rajendra K Goyal
(Expert) 09 October 2016
what type of help can we extend?
Matter is pending with High court and would be decided on merits.
Kumar Doab
(Expert) 09 October 2016
The extent leave rules must have been cited and referred in Distt. Court!
The court must have referred to extent leave rules while deciding.
The HC shall decide on merits.
Kuummaar AS
(Expert) 09 October 2016
डियर शर्मा,
एक्सपर्ट्स जादूगर थोड़े ही हैं. कृपया सब बातें विस्तार से बताएं यदि आप एक्सपर्ट्स की सही एडवाइस प्राप्त करना चाहते हैं.
R.S Sharma
(Querist) 10 October 2016
Sir,before retirement I was ill due to age factor,as per MP, Leave rules I have applied for medical leave and in due course properly submitted leave application on prescribed peroforma with the sickness certified issued by authorized medical officer.The leave applications were submitted to the District Judge,Vidisha was pending till the retirement date. After my retirement the District Judge,vidisha pass an order that the applications was not presented in due time,hence lieave without pay sanctioned.
I have submitted my request for consideration and sanctioned the leave with pay,but the District Judge have not replied for the same.After with the advice of a advocate I have presented an Write petition before the Hon'ble High Court of Madhya Prradesh that is still pending before the High Court.
During my leave period not a single show cause notice given by the authority to me explain or submit any facts .For the same I have requested to the Distt.Judge,Vidisha for consideration as,I am a low paid class three employees having much problem to survive family and self,but there were no consideration,hence the lost option adopted with the advice of a council.
Please let me advise about the legal natural justice,Thanks.
The council since last 7 years saying that we will win the write,and it is pending before the High Court at Jabalpur M.P.
Guest
(Expert) 10 October 2016
Mr. RS Sharma,
It seem you have made a wrong mix-up of the administrative as well as the court case.
First of all description of your question was wrong, as fundamental rules do not contain leave rules.
Now your present description does not indicate whether you were the employee of some State Government office in MP or working under some judge in a court of law, as you stated, "The leave applications were submitted to the District Judge,Vidisha was pending till the retirement date."
It is not clear, why you submitted your leave applications to the District Judge, and not the leave sanctioning authority. You have also not mentioned, since when you were absent and on what date you submitted leave application and to whom.
So, your query seems to be quite a vague query, without the basic necessary facts presented by you.
Kumar Doab
(Expert) 10 October 2016
Usually sick leave rules requirement is:
Information/Intimation
Sick leave on prescribed performa/format/form
Medical Certificate
Fitness certificate etc
As per your post you seem to have submitted all of these.
The leave rules may also provide for acceptance/declinature, in prescribed time.
Since the leave sanctioning authority has commented th application was delayed, you need to reply with dates of submissions of each document.
If there is no variance from your end, the authority has erred.
Rajendra K Goyal
(Expert) 10 October 2016
Without referring full High court case file nothing can be advised, discuss in detail with your lawyer.
