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seema   24 November 2015

Extraordinary leave

Dear Sir,
I worked in an autonomous organization from 2005- feb 2012 then joined a Central Govt organization in March 2012.
 
My query is regarding pay protection and counting of past service. 
 
I availed maternity leave in my previous institution in Jan 2012 and in the meantime I got an offer from my present organization and as I was not in a position to travel so I faxed my technical resignation to my previous organization and it got accepted and I got a relieving letter. My previous inst. relieved me on Feb 29 2012 as requested but my maternity leave had been treated as Extraordinary Leave (EOL without payment).
 
My current inst. is treating EOL as a break in service  and also due to non-receipt of terminal benefits from previous inst. , the cause for not accepting the pay protection and counting of service request. 
 
As I am availing NPS so there is no gratuity, EL is consumed by me in previous inst.
 
I request the learned persons to please suggest and if possible kindly provide the documents related to it.
 
Thanks
 
Warm Regards


Learning

 18 Replies


(Guest)
maternity leave is special leave . You cant leave any organisation during such leaves. These will be treated as absent. IT is good they treated as extraordinary leave.

seema   26 November 2015

Yes sir, my previous organization has treated it as EOL. But I just want to know that whether the EOL is considered as a break in service. My present organization is treating it as a break in service. 

Thanks


(Guest)
Since you did not join after EOL. This period is of course technically break in service. But if you have changed employer say from Govt to non govt this term does not apply.

Sudhir Kumar, Advocate (Advocate)     28 November 2015

first of all EOL is not at all a break in service.

 

Secondly as seen from given facts you were relieved for taking up another govt post and at the time of relieving you were only maternity leave (one of the kind of sanctioned and admissible leave) this way you were required to join new post not before expiry of leave.

 

as of benefits of previous service, your old deptt (as it is autonomous body) will send leave salaryy and pension contribution to the new deptt.

1 Like

seema   30 November 2015

Dear Sir,

Thank you so much for the reply. My present org. is stating that one needs to join after availing any type of leave. But some people informed me that as I have joined another organization after completing all the formalities through proper channel so EOL can not be treated as a break in service.

What is your opinion? kindly throw some light on this. 

I humbly request you that if possible kindly provide me govt. order/circular in support of this.

I'll be highly obliged.

Thanks in anticipation.

Warm Regards

 

Sudhir Kumar, Advocate (Advocate)     06 December 2015

EOL is a recognised form of leave and cannot be treated as break.

seema   29 February 2016

Dear Sir,

I had been relieved from my previous organization on 29th Feb. The relieving letter bears date 02 March (Friday). But the letter had been issued to me on 05th March(Monday). As 03rd and 04th March was non-working day on account of sat n sun. 

So I joined my current organization on 06th March. Now my organization is treating these 5 days gap as break in service.

Kindly guide me and throw some light on this issue. If possible kindly provide some documentary evidence to support my case.

Regards

 

 

Kumar Doab (FIN)     04 April 2016

Mr Sudhir Kumar's response is precise and concise and correct.

Employee can terminate employment by resignation during Maternity leave. If employer terminates employment during period of Maternity Benefit then it is bad order and prohibited.

looking into the facts posted by you, your past employer should regularise your service from 03rd to 05th.

 

 

1 Like

seema   05 April 2016

Dear Sir,

Thank you so much for the response. My current organization comes under the autonomous organization and as per their words, the same does not give joining time to the employees.

If any document can be provided that states that autonomous organizations gives joining time to the employees that would be helpful for me.

I'll be highly obliged.

Thanks in anticipation.

 

Kumar Doab (FIN)     05 April 2016

As per your 1st post your current organisation is a Central Govt.

As per your last post your current organisation is autonomous.

There seems to be some error.

However whatever it is: is the statement 'as per their words, the same does not give joining time to the employees.' is made to you in writing?

 

You may download the servic erules applicable to your past and current employer and pursue these or show these to an able counsel.

 

You need to agitate with your past and present employer and press your rights.

 

 

 
The relieving letter should have been given to you on the close of LWD so as to enable to join by the start of office hours on next day.

seema   05 April 2016

Dear Sir,

Nothing has been communicated to me in writing. They just issued a letter to me asking about the gap occurred at the time of joining. I have gone through the CCS rules but nowhere the 'autonomous organization' word appears. It says that it is applicable for central/state govt.

Tha past organization had issued the RL to me after 2 days saying that joining time will cover the gap.

Kindly suggest or provide any document that says autonomous organizations gives joining time to the employees.

Thanks in anticipation.

 

Kumar Doab (FIN)     05 April 2016

You have posted that:

--"saying that joining time will cover the gap."

saying,asking,telling are all verbal mode of communication and difficult to prove. However you can minute it under proper acknowledgment.

 

Since you are affected by the gap, they have to provide the remedy to you. 

 

--"I have gone through the CCS rules but nowhere the 'autonomous organization' word appears."

 

You have to find out which service rules apply.Either ask employer/Admin/personnel/HR or seniors/leaders or puruse RTI.

 

Once you know thr rules you can ascertain. 

 

You need to agitate with your past and present employer and press your rights.

If you are unable to handle on your own entrust to an able counsel.

 

You were and now are at which location?

 

seema   05 April 2016

I was working in Odisha and now shifted to Delhi.

Sir, Is there any option to handle this situation? As without any documentary proof, the request for counting of past service will not be accepted.

Kindly guide the course of action in this case.

Thanks

 

 

Kumar Doab (FIN)     05 April 2016

Mr. Sudhir Kumar has been posting in this thread and can help you.

LCI Senior Expert Mr. P.S.Dhingra is from Delhi.

You can benefit from their counsel.


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