Sanction of eol on medical grounds

venkata Ramana Mulpuri (Querist) 22 February 2020 This query is : Resolved
Dear Sir,
I have availed EOL on loss of pay on medical grounds (from 2000 - 2003) for my TB treatment for around 2 years 8 months as a lecturer in Government of Andhra pradesh services. After enquiry by Regional Joint Director, and after dropping the charges of unauthorised absence , I was given reposting orders. I have joined the services and was recently retired from services in 2019.

The Department of Education is not sanctioning the EOL on loss of pay on medical grounds so that I can send my pension papers.
Can any one suggest me how to proceed

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A former lecturer in Andhra Pradesh government service is seeking advice on how to get their extraordinary leave (EOL) on medical grounds sanctioned for pension purposes. They took EOL for TB treatment between 2000-2003, had unauthorised absence charges dropped, and were later reposted and retired. The Department of Education is currently refusing to sanction this EOL, hindering their pension application. Suggestions include using the RTI Act to inquire about the delay and considering legal action like a formal notice or writ petition.

kavksatyanarayana (Expert) 22 February 2020
The EOL (extraordinary leave i.e. loss of pay ) can be granted to the employees who are suffering from T.B or leprosy for a period of 18 months. so the remaining period of your leave will be treated as EOL and these leaves will count for qualifying service if granted on Medical grounds. You can ask the reasons for not sanctioning leave till date using RTI.

Raj Kumar Makkad (Expert) 23 February 2020
This is nothing but the violation of natural justice by authorities concerned. Serve a legal notice and failing which file a writ before high court.

Dr J C Vashista (Expert) 24 February 2020
Any type of leave of absence has to be sanctioned before availing by government servant.
Did you apply for EOL for 32 months on the basis of your treatment of TB ?
What type of disease/ diagnose / treatment is this where you were under treatment for such a long time of 32 months (2 years & 8 months) as stated by you ???

Raj Kumar Makkad (Expert) 24 February 2020
A person cannot be doubly penalized for the same offence. Once you have been reverted to lower post, the financial benefits cannot be revoked for that period when you were undergoing TB treatment,

P. Venu (Expert) 26 February 2020
Had the authority concerned rejected the application for sanction of the EOL? If so, when and why?

When was the disciplinary proceedings initiated? What were the articles of charges? What were the findings of the Inquiry Authority?

Raj Kumar Makkad (Expert) 27 February 2020
As per author, the charges of unauthorized absence were dropped in enquiry and he was downgraded so in the given facts, the payment against EOL cannot be denied except if the disciplinary authority has specifically passed an order to that effect. The author is advised to serve the department a legal notice.

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