Ujjwal 29 September 2016

Extraordinary leave

Sir/Madam,

I am working in income tax department in Aurangabad and has joined the department as a tax assistant on 11/03/2014 and after that i have requested my controlling officer to grant me extraordinary leave for 3 months for studying from 01/11/2014 to 28/02/2015 and it was duly sanctioned by the controlling officer before my preceding for leave and no whatsoever repercussions of the leave were stated in the sanction order and none was marked in my service book also.

Recenty i got confirmation alongwith all my batchmates and my confirmation date was extended by 3 months and the date of my confirmation was taken as 11/06/2016 as the criteria for confirmation is 2 years of service. Subsequently all my batchmates were promoted as the the criteria for promotion was taken as 2 complete financial years, but i was not promoted as i was not fullfilling the criteria.

I wish to represent against the promotion order as well as confirmation order and my query is that does my case stand any chance because extraordinary leave as far as i know is not 'break in service' when prior sanction has been obtained. It is also stated in the leave rules that extraordinary leave is counted in service while it was not so in my case . Also as i was not communicated about the consequences of the leave should i proceed further to appeal in CAT. Further i also want to know that if a government servant avails earned leave for 3 months does he also has to face the consequences as i am facing. If not then why for earned leave salary is paid while its not the case in EOL.

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7 Replies

Kumar Doab (FIN) 29 September 2016

You may go thru leave rules.

It might be a part to extend the confirmation by equivalent days.

arpit shukla (,) 29 September 2016

Yes many govt.organisation has a policy to extend probation of one month in respect of any unauthorised/loss of pay leave even it is sanctioned and I.e up to 30 days , if such leaves are more that 30 days than each span of 30 days, probation is also extended for one more month. In short any leave which result in to loss of pay during probation period ,it's affect with delay /extension in confirmation/probation. Even your increment also get delayed

arpit shukla (,) 29 September 2016

chetan 30 September 2016

the competant authority having full power to extend probation. you can ask rule pertaing to your grievance from dopt via online rti. you may ask reason or rule from your office admin section too verbly.

leave it,go ahead. contest with higher officials is harmful for mind and energy with gp c post.

it is india,where judicial system and finalization of case are time taking process, fast judicial remedies are avilable only in developed countries with low population. i

Sudhir Kumar, Advocate (Advocate) 01 October 2016

I just disagree with other views.

EOL entails loss of pay and pension (if without medical certificate) for the period and affects postponment of increment and also affects in earning of leave balaance for the period.

it just doe snot affect any probation and sernioirity is also not distrubed.

given facts indicate you have good case.

Sudhir Kumar, Advocate (Advocate) 01 October 2016

Originally posted by : chetan
	the competant authority having full power to extend probation. you can ask rule pertaing to your grievance from dopt via online rti. you may ask reason or rule from your office admin section too verbly. leave it,go ahead. contest with higher officials is harmful for mind and energy with gp c post. it is india,where judicial system and finalization of case are time taking process, fast judicial remedies are avilable only in developed countries with low population. i

Ther eis absolutely no need to file any RTI with the DOPT to waste time. All these rules and instructions are available on net as well on sale in market. If you file RTI and even if it is allowed then you pay @Rs 2 per page (unprinted pages are alwasy more than printged one) which is higher than the market rates and can purchase the whole bound book in lesser price.

Verbal asking of reasons from admin is of no use as no court takes congnisance of the same. Had administration been aware of rules the situation would not have occured.