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T.H. Sree Rama (Managing Trustee)     30 May 2018

Date of commencement for counting five years continuous absence in respect of a central government servant

When a Vocational Instructor serving a Central government office avails sanctioned study leave of 28 months ie., 2 years with full pay and allowances and 4 months treated as EOL and submits his application for permission to report for duty before the expiry of the maximum period of continuous absence of 5 years, can the central government office deny permission to rejoin duties on the plea that his overall absence right from the day 1 of the commencement of study leave till the date of his communication of interest in reporting for duty happened to be more than five years? In fact the sanctioned leave of 28 months from 1-11-2010 to 28-2-2013 expired on 28-2-2013. For the purpose of counting 5 years absence, the date of commencement should have been taken as 1-3-2013 and the date of completion of five years should be taken as 28-2-2018. When the concerned government servant submitted an application dated 14-10-2016, he was not taken to duty and there had been continuous correspondence from the side of the government servant . Please guide us. T.H. Sree Rama


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 4 Replies

Pradipta Nath (Advocate)     31 May 2018

Sir, Please be noted that the period of continuous absence will be counted from the date of actual absence from duty and not the date from providing of application to resume office. The application should have submitted before the expiration of five years from the date of absence.

In this situation, you may put a letter to the authority with a prayer to reinstatement and a prayer for condoning the delay for such unavoidable reason/s. You should also state in the letter to give you an opportunity to hear before passing any order either on reinstatement or rejection. On the basis of this draft whatever the order will be you can challenge it before the CAT or High Court. But please take a note that the draft application should be extraordinary, may take a professional advice from an Advocate in your locality even.

Thanking you.

T.H. Sree Rama (Managing Trustee)     31 May 2018

Dear Sirs, 

Thank you for your spontaneous response in this behalf. It appears that the basic contention of mine does not appear to have been analysed and assessed.  The candidate had applied for Study Leave to procesute higher studies ie., B. Tech.  The purpose underlying this provision of grant of study leave is that the candidate beneficiary should complete his studies successfully and come back and serve the department with utmost proficiency and commitment.  In fact, there is a clear cut clause to the effect that such candidate beneficiaries availing of study leave should not resign their posts after returning from such study leave for a period of minimum three years such that the objective of the government of india gets fulfilled in letter and spirit.  

 

Once such study leave for a period of 28 months ie., 2 years with full pay and allowances not debitable to his leave account further followed by the sanctioned extra ordinary leave for a period of 4 months - in all amounting to 28 months as per the existence government of india rules and regulations --stood sanctiolned by the department very well in advance of proceeding on such leave, the leave period being from 1-11-2010 to 31-10-2012 with full pay and allowance further followed by EOL for 4 months ie., 1-11-2012 to 28-2-2013, that too in public interest, such study leave cannot be arbitrarily cancelled at a later date - reasons whatever be.  Such an action on the part of the government department  is quite illegal, unconstitutional and arbitrary in nature.

 

According to my contention, the date of commencement of five years continuous absence should have been taken as 1-3-2013 onward.  Five years had elapsed on 28-2-2018;  The candidate had communicated his interest in rejoining duty after obtaining the B.Tech Degree for which purposes such study leave stood sanctioned vide his letter dated 14-10-2016 and sought the permission of the concerned government department-- that too without having any intention of resigning his post for better prospects.  As against such sincerety and commitment dof the candidate concerned, the government department concerned stood silenty over the issue, cancelled study leave sanctioned and called for the recovery of the salary and allowances paid to him during the period of such study leave ie., from 1-11-2010 to 31-10-2012.

 

This is the irregularity.  I cannot understand as to what element of PUBLIC INTEREST envisaged in the said orders pertainingto study leave both in letter and spirit stood  served by the concerned government department.  In fact, I would like to place on record to the effect that the dealing assistant, supervisors, officers, head of the department should have to be proceeded against for not having inculcated due diligence and application of mind called for in the respective government of orders on the subject both in letter and spirit.

 

I may kindly be excused for bringing out this explanation just with a view to clarify the position besides bringing out the intensity of the issue connected with BUREOCRACY PREVAILING IN GOVERNMENT DEPARTMENT THEREBY CAUSING UNDUE DAMAGE TO THE GOVENMENT SERVANTS BESIDES WASTING VALUABLE TIME AND MONEY OF THE GOVERNMENT due to their either slackness or lacking legal bent of mind or arbitrary possessiveness with out inculcating due application of mind called for in handling such cases.

 

Yours Sincerely

T.H. Sree Rama

9866497168

thsreerama@yahoo.com

31st May, 2018

Sudhir Kumar, Advocate (Advocate)     02 June 2018

CCS(Leve) rules are3 very clear.  one cannot be only any kind of continuous leave for 5 years.

 

deptt stand seems correct.

Sudhir Kumar, Advocate (Advocate)     02 June 2018

However, stil employee cannot be stopped from joining as long as he is not terminated / dismissed by the competent authroity after following laid down procedure.


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