Leave denial on staff shortage

Contact your or other Trade  Union/Association Leaders for such guidance.  As per laid down rules, the rejection must be in writing with such reasons and must be communicated to the employee and never heard oral rejections.

It is open to the employee to apply for leave; every leave other than CL is required to be applied in advance. If leave is applied in advance, it is incumbent upon the authority to issue written communication if the leave, as applied for, could not be sanctioned..

Thank you sir for reply.Even if leave has been applied in advance they are not willing to sanction it and they are not giving any clarification for it in writing.What can be done in such situations.i have tried RTI but reply came as it is not possible to give such information.

Leave is not a matter of right, even then employee has to get it as and when desired.

If leave is not sanctioned on an application, report the matter to higher officers of the hospital (organisation). The situation can not continue for long as mentioned by you.

Take up the matter through Union.

Originally posted by : MANNUEL TUTTU
	Thank you sir for reply.Even if leave has been applied in advance they are not willing to sanction it and they are not giving any clarification for it in writing.What can be done in such situations.i have tried RTI but reply came as it is not possible to give such information.

If the leave is applied well in advance, and there is no communication from the controlling officer, it is a case of deemed sanction. The problem arises when the employee runs after the office assistants in pursuing the sanction and seeking clarification.

Not able to agree.

There is no provision for written refusal of leave.  Mere non-sanction of leave renders teh absence unauthorized and the sanctioning authority is not bound to specify any reasons for the same.

shortage of staff is good and valid reason for denial of leave particularly in a medical institution in the present state of pandemic.

RTI is not a grievance redressal  mechanism.

Sir ,I appreciate your response.But the situation is not post covid it has been like that even before covid.So basically even if the deny leaves without proper reason we should simply keep quiet and suffer

It is mistaken notion among the superior officer, as well the employees working with them that they are above the law and hence not accountable. However, even a casual glance into the provisions of the CCS(Conduct) Rules would manifest that all officers are bound by the same rules and no officer is vested any authority to be  passive and to evade responsibility..

Moreover, every officer holding supervisory capacity stands in the position of parens patriae  to those employees in their charge. An officer should be capable of receiving the willing cooperation of the employees than demand respect   by brandishing the weapon of disciplinary proceedings. This, essentially, entails that a an administrator should be able to distinguish a mistake from a mischief. 

Originally posted by : MANNUEL TUTTU
	Sir ,I appreciate your response.But the situation is not post covid it has been like that even before covid.So basically even if the deny leaves without proper reason we should simply keep quiet and suffer

basically even if the deny leaves without proper reason we should simply keep quiet and suffer

Prima-facie there is no provision which compells and officer to specify reasons for not allowing any leave. 

Your query is giving an impression that no leave is being given to anyone without assigning any reasons whatsoever whether COVID or not.

Please be clear if that is the case.

Leave in any Govt Service is a privilege. The denial of leave cannot be challenged in a court/tribunal to reverse the order of denial. At best court/tribunal may ask your employer to give a proper reason in writing why your leave is not granted. Even that order in writing can also be not challenged in court.