I am DR ketan C Desai from surat we have a problem regarding EL. i am working in affiliated college As per UGC regulation 2005, we can get earn leave one per month and due to vacation staff i think it is not ancashable .but here government orally refused to give earn leave by saying that you are a vacational staff. although our university has implemented earn leave in our statute and ordinance also. as per UGC notice for the change our ordinance for that up till now our university gives it to the teachers but now even syndicate refuse to give it by oral instruction of the government but also saying that because you are vacational staff you will have only 8 CL insted of 12. CL so please guide us regarding this so we can do accordingly Thank you Dr.Ketan C Desai
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1) file RTI application as to whether UGC regulations 2005 are applicable to the college
2) seek reply as to whether vacation staff are entitled to EL
3) if college refuses to give you EL issue legal notice to college to comply with UGC regulations 2005
Well, if there is UGC guidelines then the university is bound to implement it.
However such implementation lacks in most of the universities on the garb of irregular staffing.
Since you have good merit in the case i would recommend you to challenge their refusal to grant regular EL before the CAT or high court as the service rules provide.
1. Affiliated colleges should adhere UGC regulation Act 2009 on infrastructure and faculty requirement ( Basically ).
2. UGC regulation Act 2009 does not specify anything about EL for vacation staff.
3. Pls. refer the act and it should be available with college information cell.
Since the university has implemented the provision of earned leave in the statute and also the ordinance the authorities cannot refuse to abide by it. The remedy for you is to file a writ petition in the High Court against the university to obligate it to obey what is mentioned in the statute.
Escalate this issue by making a complaint thereof in a writ petition which will be file before the High Court under Article 226.
Seek a writ of mandamus.
Contact a local lawyer handling service disputes.
Hello sir , the relief that you are seeking can be attained by filing a writ in high court ..
Earned leave :
1/30 of actual service including vacation plus 1/3 period of duty performed during vacation.
This leave will be credited on completion of the year.
Casual leave: Total casual leave granted to a teacher shall not exceed 8 days in an academic year.
You may go through the rules in this regard and represent to the management if you have any grievance in this regard.
