LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rachitp   19 July 2015

Terms of extraordinary leave put are outrageous by psu

Hi,

I am working at Uttarakhand state owned PSU on probation period of two years(completed one year of probation). I have applied for extraordinary leave to pursue Masters degree(Rules defined for leave in Uttar Pradesh Financial Handbook volume II part 2-4 Rule 85 and subsidairy rule 157A(4)). The conditions are as follows:

(1) the government servant concerned has completed three years of continuous service on the date of expiry of leave of the kind due and admissible under the rules

(2) before grant of the extraordinary leave the government servant concerned gives an undertaking by executing a bond prescribed in Form No. 10 to the effect that he would, if required, serve the Government after returning from leave in the same post or in any other capacity as may be required for a period of at least three years and, in default, pay to Government an amount equal to ten times the monthly pay which he was drawing at the time of proceeding on leave, and other expenses, if any, which may be incurred on him together with interest thereon from the day following the expiry of the sanctioned leave at the rate of one per cent over and above the Bank rate in force on the first day of April of the financial year in which the leave may commence.

Now they tell me the ramifications caused by the EOL i would take:

  1. First if I join back after leave and serve for minimum three years:
    • The probation would be extended and i will be put again on probation for 2 years(although i have completed 1 year of probation)
    • as a result my seniority will be affected and i'll be at the bottom of pool(I am at the 5th position of seniority) so impact on promotion
    • My increments will be kicked forward for two years so impact on salary sending me back two years in service(HUGE LOSS IN FUTURE!!!!)
  2. The other if I wont serve for minimum 3 years after completing the leave(what i Intend to do):
    • I have to pay out bond mentioned above. the amount is ten times of current monthly salary i.e aroud INR 5 lakhs.
    • In addition the service bond for three years which i had given at the time of joining amounting to INR 1 Lakh also applies.
    • That makes 6 lakh bond amount if i leave.

And above all the Leave is without pay(which extraordinary leaves are)

Now the situation that I percieve is going for masters with EOL is a LOSS on every condition. Can anybody help me out by telling which of the conditions can be challanged or are invalid that are made up Hypothetically by the HR deptt. as other way of saying 'NO' to permit for leave. 

Can anybody help me to come out of this No-Go situation???

 



 1 Replies

Kumar Doab (FIN)     19 July 2015

This query is also posted at:

 

https://www.lawyersclubindia.com/experts/Rules-put-for-extraordinary-leave-for-studies-are-outrageous-548881.asp#.Vat-P7V-jMo

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register