Civil Procedure Code (CPC)

Medical leave- referred to medical board- but joined on duty without medical board fitness certificate


Sir,
I had availed ML from April -01 to may 18 (48 days) as I was under treatment for gynaecological problem and couldn't go to office because of covid.
In the meantime, I was referred to medical board but due to covid medical board didn't function.

My unit head sent a letter to join immediately. Hence I joined by producing medical fitness certificate from the doctor who gave me medical leave certificate.

Currently my unit head says I can't get Salary as I didn't produce medical board fitness certificate.
Pls give suggestions
 
Reply   
 
Retired employee.

A fitness certificate has to be insisted that you are medically fit to rejoin and perform your duties.  They may keep sanctioning of the leave pending, but can not stop the legitimate salary.  When you have returned to your duties and performance, there is no use of such fitness certificate from the Medical Board at this point of time, and stopping a salary is illegal and unconstitutional.  They may keep leaving pending before sanctioning and may ask you to get MC from the approved doctor and till that certificate is received, they may keep the leave sanction process pending.  But, this is the first time I am hearing of treating the leave on loss of pay and not paying salary for those days worked.

Make it clear as to whether you have received a rejection of leave, and whether the leave period is being treated as a loss of pay.  You should receive such orders from the leave-sanctioning authority.

Contact your union or seniors for convincing the Unit Head.  If you are a Central Govt employee, take recourse to online filing of grievance in the DOPT website.

 
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You availed total 48 days of Medical Leave for the treatment of Gynecological problem.  And being yourself a employee of Govt  you might have informed to your Dept. about your treatment .  And also due to pandemic, you could not go to the office.Meantime, you also referred to  the Medical Board and that also could not held due to Pandamic, Subsequently you called to resume your duties immediately.  You resume your duties but Dept says that you will not get salary as you have not produced Med board fitness certificate.   On this issue , you may take up this matter to higher authority  as no fault on your side , how they can withheld your salary. You have a strong Medical ground and also ground of Pandemic to remain absent from duty. This ground no one can challenge so go ahead  and submit your grievances  strongly before superior authority of your dept. Also submit the Medical certificate of your treatment from the concerned doctor. You will get proper justice. Best of Luck.

 
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Retired Manager

Wheter your Unit Head in his communication to you to join immediately mentioned that you shoud bring Medical Board issued Fitness Certificate?

 

And, if Medical Board issued Fitness Certificate is very important, they shouldn't have allowed you to join with Fitness Certificate issued by your family Doctor. Unit Head doesn't seem to be having consistency and is only trying to be bureaucratic rather than managerial. You must be having Union in your Unit and if so handle the matter through them. Under the given facts, your Employer cannot stop salary for medical leave period and if they really do so it's a fit case to report to Labour Commissioner for necessary direction to the Employer. 

 
Reply   
 

Sir,

Actually I had immediately mailed her asking for guidance whether to join without producing medical fitness certificate from medical board. She haven't given any reply to that.

Currently she had referred me again to board  stating I should do something and follow procedure.

Medical board is in Madurai and I'm in working in Chennai. I asked her leave so that I can get fitness from them.She wants me to get fitness certificate anyhow without taking leave to attend medical board.

 

 

 
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Retired employee.

The ridiculous proposition, when you are attending your duties, seeking fitness certificate from Medical Board, from Madhurai, at your expenses without leave.

 
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Advocate

Your Departmental head appears to be unreasonable and is not applying iher mind properly to your case. Having allowed you to join duty on the basis of fitness certificate issued by the Doctor who treated you, the Department is estopped from asking you to produce certiicate from Medical Board. At any rate they cannot stop paying salary for the days you have attended the office on specific written direction issued by the Department. As the Department is insisting on certificate of the Medixcal Board, which is situated at Madurai, you apply for leave and proceed to Madurai after obtaiing appointment from the Board for examininfg you. If leave is rejected by your Department, file appeal before you superiors. 

 
Reply   
 

Ok sirs. I Will  appeal to the joint managing director.

 
Reply   
 
Retired employee.

First, you have nowhere stated that the orders were in writing and leave rejection and loss of pay were supported with such notices/orders.  There is a lot of information on google on such cases and citations.  The first search for such an authentic case, convince leave sanctioning authority and avoid complaining to the highest authority in writing.  Let the Union take up the issue. instead of taking up the case by you directly.  Only when the leave-sanctioning authority suspects the bonafide of a certificate or that -employee was making misrepresentations and using the leave for some other purpose and stating a medical ground, the higher authority directs such errant employee to get such medical certificate from approved doctors.

Maybe your superior is not applying her mind, when the MB gives a bonafide certificate, then calling back to duty amounts of harassment of a lady.

 
Reply   
 
Advocate

First of all you get all those orders rejecting your medical certificate, denying yoru salary etc., in writing from your department head.

If she fails to produce the orders in writing, then you may make a representation to the higher authorities in writing about the harassment and the plight you are undergoing now due to this unmindful activities of your HOD 

After exhausting the remedies locally you may decide about approaching this matter legally as per law.

 

 
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