• Resignation while on extraordinary leave

Sir
I am a central govt employee. I want to ask.
1) If i apply extraordinary leave on medical certificate, can my employer (central govt dept) reject it?

2) While availing that extraordinary leave can i submit resignation?
Asked 8 years ago in Civil Law

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5 Answers

An application for leave on medical certificate made by-

(i) a Gazetted Government servant, shall be accompanied by a

medical certificate in Form 3 given by a Central Government

Health Service (CGHS) Doctor if such a Government servant

is a CGHS beneficiary or by a Government Hospital or by an

Authorized Medical Attendant if he is not a CGHS

beneficiary; and by an Authorized Doctor of the private

hospital recognized under CGHS/Central Services (Medical

Attendance) Rules, 1944,

2) The grant of medical certificate under this rule does not in itself

confer upon the Government servant concerned any right to leave; the

medical certificate shall be forwarded to the authority competent to grant

leave and orders of that authority awaited.

3)Extraordinary leave

(1) Extraordinary leave may be granted to a Government servant

(other than a military officer) in special circumstances-

(a) when no other leave is admissible:

(b) when other leave is admissible, but the Government servant

applies in writing for the grant of extraordinary leave.

4) maximum twenty-four monthscan be granted , where the leave is required for the

purpose of prosecuting studies certified to be in the public

interest, provided the Government servant concerned has

completed three years’ continuous service on the date of

expiry of leave of the kind due and admissible under these

rules, including three months’ extraordinary leave under

Clause (a).

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

Please note that Extra-ordinary Leave to Permanent Employee is governed by CCS Leave Rule – 32(1)].

Extraordinary leave (subject to maximum limit as per Rule-12, i.e. 5 years) may be granted to a Government servant (other than a military officer) in special circumstances-

(a) When no other leave is admissible.

(b) When other leave is admissible, but the Government servant applies in writing for the grant of extraordinary leave.

So you can apply for the same on medical ground for which there is no need submit resignation.

Devajyoti Barman
Advocate, Kolkata
23575 Answers
533 Consultations

A Government servant’s claim to leave is regulated by the rules in

force at the time the leave is applied for and granted.

Effect of dismissal, removal or resignation on leave at credit

(1) Except as provided in Rule 39 and this rule, any claim to leave to the credit of a Government servant, who is dismissed or removed or who resigns from Government service, ceases from the date of such dismissal or removal or resignation.

Extraordinary leave granted on medical certificate or otherwise may be commuted retrospectively into leave not due subject to

the provisions of Rule 31.

Extraordinary leave may be granted to a Government servant

(other than a military officer) in special circumstances-

(a) when no other leave is admissible:

(b) when other leave is admissible, but the Government servant

applies in writing for the grant of extraordinary leave.

Where a Government servant is granted extraordinary leave in

relaxation of the provisions contained in Clause (e) of sub-rule

(2), shall be required to execute a Bond in Form 6 undertaking

to refund to the Government the actual amount of expenditure

incurred by the Government during such leave plus that

incurred by any other agency with interest thereon in the event

of his not returning to duty on the expiry of such leave or

quitting the service before a period of three years after return

to duty.

The Bond shall be supported by Sureties from two permanent

Government servants having a status comparable to or higher

than that of the Government servant.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

unable to find any judgments on the issue as to whether you can give one month notice of termination while on exol on medical grounds

2) you should rejoin service then submit your resignation

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

1. first of all you should confirm if you are eligible for Extra ordinary leave being a temporary employee.

Extra-ordinary Leave to Temporary Employee [CCS Leave Rule – 32(2)]

Unless the President, in view of the exceptional circumstances of the case otherwise determines, no Government servant, who is not in permanent employ or quasi-permanent employ, shall be granted extraordinary leave on any one occasion in excess of the following limits:-

(a) Three months;

(b) Six months where the Government servant has completed one year’s continuous service on the date of expiry of leave of the kind due and admissible under these rules, including three months’ extraordinary leave under Clause (a) and his request for such leave is supported by a medical certificate as required by these rules;

(c) Eighteen months, where the Government servant who has completed one year’s continuous service is undergoing treatment for – (i) Pulmonary Tuberculosis or Pleurisy of tubercular origin, in a recognized sanatorium; (ii) Tuberculosis of any other part of the body by a qualified Tuberculosis Specialist or a Civil Surgeon or Staff Surgeon; or (iii) Leprosy in a recognized leprosy institution or by a Civil Surgeon or Staff Surgeon or a Specialist in leprosy hospital recognized as such by the State Administrative Medical Officer concerned; (iv) Cancer or for mental illness, in an institution recognized for the treatment of such disease.

(d) Twenty-four months, where the leave is required for the purpose of prosecuting studies certified to be in the public interest, provided the Government servant concerned has completed three years’ continuous service on the date of expiry of leave of the kind due and admissible under these rules, including three months’ extraordinary leave under Clause (a).

(a) Where a temporary Government servant is granted extraordinary leave for the purpose of prosecuting studies, shall be required to execute a Bond in Form 6 undertaking to refund to the Government the actual amount of expenditure incurred by the Government during such leave plus that incurred by any other agency with interest thereon in the event of his not returning to duty on the expiry of such leave or quitting the service before a period of three years after return to duty.

(b) The Bond shall be supported by Sureties from two permanent Government servants having a status comparable to or higher than that of the Government servant.

Now you can analyse that on what grounds you can apply for extra ordinary leave.

If you plan resignation then the EOL route may not be helpful to compensate notice period.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

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