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MANINDER SINGH   07 July 2024

Pl debited on medical ground while sick leaves were available

one person working in a PSU bank have been on sick leave from June 2023 to November 2023 . he has about 60sick leaves in his leave account. but for these all days PL leave have been debited while 60sick leaves were available . Due to this on retirement in june 2024 he has been in loss of 30day PL encashment. PL have been debited in one go by regional office in november 2023 while branch in monthly leave record mentioning leave as sick leave . Still Regional office debited PL for all leaves while having sick leaves in leave account. can this matter be solved in legal manner because no one in higher management is listening to staff member's multiple requests.


 11 Replies

T. Kalaiselvan, Advocate (Advocate)     07 July 2024

You can escalate the matter through legal forum after exhausting the remedies within the department sources
1 Like

MANINDER SINGH   07 July 2024

Thanks for reply , department sources are all most exhausted . what can be way to solve this issue like labour court or civil courts , please guide what should be done.

T. Kalaiselvan, Advocate (Advocate)     07 July 2024

If you are working in a post less than an officer then you can approach labour court if not then you may approach high court with a writ petition seeking remedy.
1 Like


You must be well aware that Medical leaves and Privileged leaves can't be clubbed together. And this is per leave rules. Your employer is not wrong at all. Please read this service and leave rules. If you take up the matter in the court of justice you will be abused by the Hon'ble Judge and will attract penal action by your employer.

T. Kalaiselvan, Advocate (Advocate)     08 July 2024

If you have not opted for sick leave but remained absent reporting sick, then without applying for sick leave the authorities may not deduct sick leave instead they will grant privilege leave only, hence you let us know that what kind of leave did you apply.
1 Like

MANINDER SINGH   08 July 2024

the concerned person was a clerk in PSU bank. His reporting authority was the branch head. Branch head was having full power to sanction his leaves. He reported to branch head time to time as he has heart problem and later he goes for heart surgery . Branch head also sent his leave as sick leave in monthly leave report sent to regional office. but branch head only sent all medical documents to regional office just before one or two day before his joining in branch in November 2023. The branch head did not asked the staff to apply for leaves over centralized digital leave management system, the branch head just forwarded medical documents in November2023 and asked RO to deduct the leaves. So RO has deducted PL for all leaves. If branch head asked him to apply in digital leave management system and sanctioned the leave under his authority then such problem not have been arrived. As you said mr. T. kaliselvan ji RO may has taken it as absent reporting sick . But this problem comes due to act of branch head , branch head can wait to joining of staff and then ask the staff to apply leave in digital system then such problem not have been occurred as digital leave system was also allowing to apply sick leave and then PL for remaining leaves . As concerned staff has full record of medical certificates and also the leave record sent by branch to regional office, i think he has strong ground .

T. Kalaiselvan, Advocate (Advocate)     08 July 2024

The procedure for applying leave is a fact known to all the employees of the bank. The bank staff whether he is a clerk or an officer are well aware of all such administrative matters. If the clerk did not apply for leave following the procedures then it is a negligence on his part too therefore blaming the branch head alone is not justified when there is a lapse on the part of the bank staff too. The bank clear is suffering from ailments and is a chronic patient in this regard, hence he should be have been more cautious about such issues. Well even now the staff can approach high court with a writ petition seeking a writ of mandamus directing the competent authority to reverse the leave entries and render justice to the employee for the justified reasons stated in the writ petition. He can very well approach the labor court too but it will will take a very long time to get disposed.
1 Like

MANINDER SINGH   09 July 2024

Leaves have been debited before the joining of the concered staff so he cannot do anything. He sent his all medical reports and recommendation of doctor for rest till 22nd november 2023 on 3rd november 2023 through his son. Branch head did not wait for his joining back so that he can apply his leaves in digital leave management system as digital leave management system required the login credentials of concred staff.

Branch head forwared all the medical documents recommending sick leave till 22nd november 2023 on 4th november 2023. Regional office may have debited PL becasue leaves have been sent for future dates. In earlier days of his leave branch head told him that he need not to submit medical documents on regular basis but if he will submit medical record near joining will be enough. Concrened staff has done as told by the branch head.

The concred staff following up through branch since his joining on 23rd november2023 for correction of leave deduction but did not got any response from HRMD regional office. 


T. Kalaiselvan, Advocate (Advocate)     10 July 2024

You are describing about the practical procedures that were followed by ill knowledged staff as well as the branch head.

Now if your representations do not attract favorable relief, you are left with no alternate relief other than knocking the doors of justice through a court of law, eitehr labor court or by a writ petition through high court.

Yo may decide furthercourse of actionin order to proceed instead of repeatedly narrating the incidents that might have taken place in the bank upon your own imagination.

MANINDER SINGH   14 July 2024

Sir thanks for guidence , I have explained each detail or procedure followed by them , so that I can get advice accordingly. Now I will advice the retired collegue to knock the doors of jutice through court of law.

Sudhir Kumar, Advocate (Advocate)     16 July 2024




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