Govt state board employee absence from service due to health

You questions :-

1) Can she abscond from employment and join the board after 3 years, if yes what actions can be taken? given her health condition , can we show that as a reason when resuming the service?

Ans : Three years is sufficient time for a deptt to send chargesheet of unauthroised absence at the last known address and to hold ex-parte inquiry and dismiss the employee and recruit new one.

2) What other legal formal ways that employee can seek for leaves which is not there in board rules and must be granted under humanity for geninune health and family reasons?

Ans : None. She can at the most seek leave without pay if deptt is willing to give.

3) can the leave extensions or abscondment from service be done while she is abroad? is it ok to disclose that she is in overseas?

Ans : Has she left the county with deptt’s What leave address has  been stated in the last leave application.  Extension can be given by the deptt if deptt so desires and if permissible as per their rule and if she left country with deptt’s permission.

4) she has completed 4 years of service since she joined...and that excudes the medical leaves taken during the accident.

Ans : What is the query

5) What kind of medical records she needs to accumulate as evidence in case of legal complications? can her regular checkups and precriptions is suffcient or does she need a letter from overseas Dr, getting a letter fro overseas Dr is not possible, because Thyroid, Seizure are considered to be treatable issues, but in reality she is very weak and less energetic to resume her service , also defenitely not in a position to leave the husband under these conditions, She need to way to suspend these issues for next 2-3 years.

Ans : The query is paradox.  You are stating contradictory reasons for not joining.  How a critically ill patient left country for a cause other than treatment. Deptt has got every right to challenge every medical certificate and direct her to report to nearest Govt hospital.  It is only the negligence of deptt that she can trust for delaying action against her non-joining.

You have not stated what is sickness and what is the nature of post held. If she is unable to serve than honoourable pension on medical ground can be advised.

Dear Sudhir,

Thanks for your response! 

 She is an engineer in housing board department and the pension policy is discontinued from their year of joining. Also, Let me explain the situation in detail. One year ago , she met with a car acciedent and had a traumatic brain injury and after treatment and rest for 3 months , she resumed services per doctor's advise to come out of depression and memory loss. Even when is not 100% perfect she joined services and worked for 1 year stressing herself with medical complications, she is under anti seizure medication ever since the accident as she got mild seizures after the accident. 

After one year of service , she got  leave on loss of pay 6 months for her medical and family reason and intimated the board about her travel and stay with her husband in QATAR. There is no pension policy for her in the board. There are two main motive for her leave extension 1) She want to stay with her husband for 2-3 more years for better financial position and the family plans to return to India after 3 years. 2) Still she has managable medical complications like seizure, hyper thyroidism but ould be hard to live with her 2 kids alone in India without her husbands support. At this condition, what should the better way to secure her job or way to avail leave on loss of pay for the said family and health reasons.

leave on medical groundis the only way. otherwise she can be discharged on the ground of being unfit for the post.  Under the provisions of Disability Act she has a right to get alternative employment suitable to her medical conditions (on same salary), if she remains ins ervice.

If pension policy existed when she was empanelled then it cannot be denied to her.