Advice regarding service and labor law for central civil service group"a"
shubham
(Querist) 11 February 2017
This query is : Resolved
Dear sir
Myself Shubham Agarwal, Assistant Executive Engineer in Border Roads Organization. I was appointed on 12 Jan 2016 through UPSC Engineering Services Examination 2014. Since then i am discharging my duties upto good level.
I am working in remote area where temperature is subzero and other working condition are not good. I have develop some problems in my spine. Because of some problems with my Officer Commanding ( Army Major) I decided to go on Medical leave as prescribed by Orthopedics Surgeon at gangtok.
Sir i worked for one full year and the taken 3 month leave ( 48 EL+ 28 HPL+ 14 EOL). Sir due to bad working conditions i want to remain in medical leave for another one and half year and want to prepare for another attempt to ESE 2018. Sir due to my family conditions i can't afford loosing this job and want to study again.
Sir i want Your advice on some major points-
1.The appointing authority terminate the service on medical grounds( Medical certificate from civil surgeon need to be furnished).
2.Would department initiate any inquiry? If department thinking about termination would they provide me sufficient chance to rejoin me again in service.
3. How much Maximum time i can avail on EOL. Also best suited method for availing Maximum EOL.
4. If department wants another medical opinion for approving leave then what i need to do?
5. Once appear in another exam and got selected then if i apply for resignation from service would department object or reject the application or would not provide NOC.
6. What are the points i need to take care before joining another service if i got terminated or remain in this service with EOL.
I am subjected to some army acts and rule which are only for disciplinary purpose and subjected to only minor punishments. CCS rules are applicable for all purposes.
Sir please provide your rightful insight to me and help with your advice and suggestions.
Thanks for your time and considerations in advance
Yours Sincerely
Shubham Agarwal
Sudhir Kumar, Advocate
(Expert) 12 February 2017
1.The appointing authority terminate the service on medical grounds( Medical certificate from civil surgeon need to be furnished).
YES. but Major will not be appointing authority.
Sudhir Kumar, Advocate
(Expert) 12 February 2017
2.Would department initiate any inquiry?
INQUIRY CAN BE INITIATED IF YOU REMAIN ON UNAUTHORISED ABSENCE.
SINCE YOU ARE ALSO A “CIVILIAN COVERED UNDER ARMY ACT” AS APPEARING FROM YOUR BLOG AN APPREHENSION ROLL CAN ALSO BE ISSUED BY COMMANDING OFFICER DIRECTING POLICE TO BRING YOU BACK
Sudhir Kumar, Advocate
(Expert) 12 February 2017
If department thinking about termination would they provide me sufficient chance to rejoin me again in service.
IF IT IS PROPOSED TO TERMINATE YOU FROM SERVICE DUE TO UNSUCCESSFUL COMPLETION OF PROBATION (PENDING DISCIPLINARY ACTION IS ALSO ONE SUCH CONDITION) THEN NO OPPORTUNITY NEED TO BE GIVEN.
HOWEVER NO FORMAL PUNISHMENT CAN BE INFLICTED WITHOUT FOLLOWING THE PROCEDURE AS APPLICABLE. AS APPEARING FROM GIVEN FACTS THE ACTION CAN BE UNDER ARMY ACT OR UNDER CCS(CC&A) RULES.
Sudhir Kumar, Advocate
(Expert) 12 February 2017
3. How much Maximum time i can avail on EOL. Also best suited method for availing Maximum EOL.
AS MUCH THE COMMANDING OFFICER IS WILLING TO GIVE OR AS MUCH A VALID MEDICAL ADVISE IS THERE. AT THE MOST ONE YEAR.
Sudhir Kumar, Advocate
(Expert) 12 February 2017
4. If department wants another medical opinion for approving leave then what i need to do?
APPEAR BEFORE THE DESIGNATED BOARD HEADED BY CIVIL SURGEON WHEN RECEIVING AN ORDER FROM APPOINTING AUTHORITY(NOT COMMANDING OFFICER)
Sudhir Kumar, Advocate
(Expert) 12 February 2017
5. Once appear in another exam and got selected then if i apply for resignation from service would department object or reject the application or would not provide NOC.
WHEN APPLYING BEFORE UPSC YOU ARE REQUIRED TO INFORM YOUR DEPTT. THERE IS AN UNDERTAKING BELOW THE FORM WHICH UPSC SEEKS FROM CANDIDATE.
IF THIS IS DONE UPSC DOES NOT NEED NOC.
FOR OTHER EXAMS THROUGH PROPER CHANNEL APPLICATION AND NOC IS NEEDED AND THERE IS NO REMEDY AGAINST DEPTT REFUSING TO FORWARD OR REFUSING TO GIVE NOC.
Sudhir Kumar, Advocate
(Expert) 12 February 2017
6. What are the points i need to take care before joining another service if i got terminated or remain in this service with EOL.
TERMINATION IS NO BAN ON EMPLOYMENT BUT DISMISSAL IS. INVALIDMENT ON MEDICAL GROUND IS ALSO NO BAN ON FUTURE EMPLOYMENT.
Sudhir Kumar, Advocate
(Expert) 12 February 2017
6. What are the points i need to take care before joining another service if i got terminated or remain in this service with EOL.
THERE CANNOT BE MORE STUPID IDEA THAN JOINING A GOVT POST WITHOUT VACATING PREVIOUS GOVT POST. A PERSON LIKE ME WILL TAKE 45 MINUTES TO DRAFT A CHARGESHEET IN NEW DEPTT WHEN ALL DOCUMENTS ARE THERE ON FILE TO ESTABLISH THAT YOU JOINED ANOTHER POST (OBVIOUSLY BY HIDING FACTS) WHILE HOLDING ONE GOVT POST (EVEN IF ON EOL)
Sudhir Kumar, Advocate
(Expert) 12 February 2017
GIVEN FACTS ARE PROVIDING SUFFICIENT MATERIAL TO BELIEVE THAT YOU ARE ON TO BUY TROUBLE.
shubham
(Querist) 12 February 2017
@Sudhir_Kumar sir it is a privilege of mine that such useful and meaningful information i got from you.
I thank you from my heart and wishes all goodness to you for such help.....
Kumar Doab
(Expert) 12 February 2017
So far you are on leave and supported your application with Specialist Doctor's medical certificate.
It is not clear what is your medical problem with your spine?
Such problems are treated by Orthopedic Surgeon/Neurosurgeon.
If the Specialist Doctor feels that you need bed rest he/she can advise.
In that case keep diagnostic reports with you e.g; X-ray/MRI films and radiologist's reports etc ...
Let your own treating doctor advise you on serving in sub-zero temperatures. If that opinion that is given, and is medically sound, then try for relocation.
Beyond a limit per rules and/or by discretion of sanctioning authority(ies) medical board can be constituted, to decide on leave and/or assessing fitness for keeping in employment .
Don't fudge the records at all.
Kumar Doab
(Expert) 12 February 2017
Medical problems can be treated by a medical specialist.
Problems with boss(es) are to be handled by employee.
Handling the bosses is a skill and can be acquired like any other skill.
Employee should avoid Head On collision and avoid conflicts and litigation as much as possible.
If employee senses a dispute is precipitating and is unavoidable in future, employee should build irrefutable written record and defense.
There is no sense in jumping in battle on weak knees.
Kumar Doab
(Expert) 12 February 2017
You have posted that:
"Sir due to my family conditions i can't afford loosing this job and want to study again."
So do everything to retain this job and explore if your job allows you to study while in employment.
The very same boss or other bosses might be the route to achieve your aspirations.
Rajendra K Goyal
(Expert) 12 February 2017
Well advised, may proceed as advised by the expert Sudhir Kumar.
krishna mohan
(Expert) 23 February 2017
Well advised by experts Mr.Sudhirkumar and Mr.Kumar. If leave is sanctioned on medical grounds there may not be any concern. If not apply for leave as per rules. During leave doing regular studies may back fire. If your intention is to study take up the issue with your higher ups for proper permission for study leave. Trying for change of job through competitive examination is your right but apply through proper channel. But keeping good relation helps you to achieve your ambition and helps the organization.
