• Current employer refusing to sanction CL for UPSC medical test.

Respected Sir,

I am a Group A employee of a Central Govt Dept. under the Ministry of Defence. I am a UPSC aspirant for both Civil Services Examination and Engineering Services Examination conducted by the UPSC. Currently I have been sent on training under College of Military Engineering, Pune for duration of 16.08.2016 to 07.01.2017. 
 I have intimated to the Secy (the HOD) of the department through Proper Channel regarding appearing for both ESE-2016 and CSE-2016 according to the DoPT rules. Consequently, in between the training I got 1 day CL for appearing in ESE 2016 interview and 8 days EL for appearing in Civil Service Mains. Now I have been selected through the ESE-2016 and UPSC has asked me to appear for medical test on 02.01.2017. However, the institute is refusing to grant any leave to appear for medical test as they are saying that I have already taken too many leaves and no more leaves will be granted.

College of Military Engineering, Pune has a rule that only 4 CL can be granted under special circumstances. 

However, I have intimated to the department regarding the examinations through Proper Channel much before I was detailed for the course.

In this circumstances, I have two questions? 
1. Can the institute refuse to grant me leave even though every stage of ESE-2016 and CSE-2016 was intimated through Proper Channel according to the DoPT rules.
2. Considering I do not get any leave, can I attend the medical test for 1 day without sanctioned leave?

Thanks in Advance
Asked 7 years ago in Labour

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3 Answers

1) you are allowed only 4 CL in ayear

2) institute can refuse to grant you leave as you ahve already taken too many leaves in a year

3) if you attend medical test without any sanctioned leave college can take disciplinary action against you

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. you have right to take leave without pay instead of CL. You have appeared in the examination in due course and after getting leave, your CL have lapsed then you have right to get LWP.

2. this is malafide act, you can file a writ before the high court because there is no administrative contingency to refuse leave without pay.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Since you have already obtained permission for appearing to this other service and the fact has been communicated properly to the current organisation, there is no justification to refuse you leave for this purpose.

You can approach the top authorities with a request in writing and grant you leave under special circumstances and also send a copy of this written communication to the new employer too with a request to defer the ensuing medical examination to some other date, if possible, owing to the current difficulties that you are made to undergo.

2. Absenting yourself without leave from your work place may draw an adverse effect to your career and it may even attract disciplinary proceedings against you, for which you may have to be very careful.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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