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Request

(Querist) 16 March 2020 This query is : Resolved 
sir
i am working in central gov department. I was on leave on medical ground for around 4 years and during that leave period my junior got promotion and now he become senior to me. whether i will get my seniority status if i claim for it with my promotion status?
kavksatyanarayana (Expert) 16 March 2020
In which Government either or central or State?
samay (Querist) 16 March 2020
Central government service
samay (Querist) 16 March 2020
Sir what next to do plz reply
samay (Querist) 16 March 2020
Unable to see reply it is not seen here
Sudhir Kumar, Advocate (Expert) 17 March 2020
You are not clear with facts

One cannot be losing promotion for being on any kind of leave. The only effect could be that financial effect will accrue on joining.

It sounds unsual that one being on medical leave for four years.

Please be clear :-
whether the leave was sanctioned?
whether you have joined after leave?
samay (Querist) 17 March 2020
i have joined after leave
Rajendra K Goyal (Expert) 17 March 2020
Whether leave have been duly sanctioned?

If sanctioned, whether there was any loss of pay / seniority?
samay (Querist) 17 March 2020
after joining i submitted fit and unfit certificate and leave sanctioned but my seniority is not establised because my junior was promoted during my absence from duty
Raj Kumar Makkad (Expert) 18 March 2020
You need to serve a legal notice to the department and thereafter to file a petition before CAT as your legitimate right of permotion cannot be ignored and your junior cannot sup recede you on the basis of your absence from duty due to medical sanctioned leave.
Raj Kumar Makkad (Expert) 18 March 2020
Follow the follow dictum of Law relevant in your matter:

https://www.advocatekhoj.com/library/judgments/index.php?go=2009/february/118.php
T. Kalaiselvan, Advocate (Expert) 18 March 2020
The seniority may be protected if it was a sanctioned and paid leave.
The long leave on medical grounds should not affect your promotion opportunities.
You can give a written representation to the competent authority to consider your promotion for which you became eligible whereas not granted due to your long medical leave.
If your request is not considered then you may plan to approach appropriate legal forum to get your grievances redressed.
Rajendra K Goyal (Expert) 18 March 2020
You should submit written request through proper channel to providing you, your seniority and hence promotion. In case no result may move as advised by the expert Raj Kumar Makkad ji.

You have not mentioned, whether leaves were sanctioned with any loss of pay or full pay was paid to you?
samay (Querist) 18 March 2020
Loss of pay and also penalty of loosing of 3 increments
Rajendra K Goyal (Expert) 18 March 2020
Since the leave was sanctioned on loss of pay, penalty for loss of 3 increments was also slapped, the order may be containing reference regarding your seniority loss and conditions on which the leaves were sanctioned..

It seems the leaves were not sanctioned in normal course.

Please disclose all material facts.


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