• Bond details in case of seeking extraordinary leave for PhD submission

Dear Sir/madam.
I am Assistant Prof. in an autonomous central govt. Funded reputed institute on a regurak contract of 5 years. I joined the institute in 2014, on the contract mentioning that I have to acquire my Phd. Degree before June 2019 otherwise my services will be terminated and if I acquire my Ph.D. Degree before june 2019 my contract will be converting into probabtion of 2 years. 
In present, my phd is in advance stage but I need 3 month leave to submit my phd. For this purspose, I want to take extraordinary leave for 3 months from september 2018 to november 2018. Without this I cannot acquire my phd before June 2019. As far I know these will be leave without pay and Institute will not be paying anything else for my phd resesrch in that duration. Well they will hire a temporary guest faculty in my absence on 56,000/- per month. My question is as per clause 32(2) d of CCS rules what bond I had to sign with institute, for how much money and how much time.
Asked 4 years ago in Labour

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7 Answers

Requirement of Bond [CCS Leave Rule – 32(3)]

(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.

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

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Organisation has to hire an employee for period of 3 months

2) payment would Rs 168000 to be paid to employee by the institute

3) the leave rule clearly states that you have to give bond for period of 3 years

4) the amount considering expense incurred by institute should be Rs 168000

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

What is your concern about the university hiring someone during your leave period to fill up the leave vacancy?

You should concentrate on your own task or purpose and do not get deviated thinking about any other thing.

(a) 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.

(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.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

I know the clause, I know I have to bear a bond. You have not answered my question. You have just repeated my question using legal terms..my question bond of how much amount and for how long I have to bear. Institute is asking me to sign a bond of 1.8 Lakhs for three years. Is it justice to sign a bond for three years for three months leave without pay???

The clause of executing the bond will not be required for three months leave period.

The clause is applicable only for leave of 18 months or 24 months. Where a Government servant is granted extraordinary leave in relaxation of the provisions contained in Clause (e) of sub-rule .(2)

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

As per me 32(2)(d) of CCS rule is not applicable to you.

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

NOTE.- The concession of extraordinary leave up to eighteen

months shall be admissible also to a Government servant suffering from

Pulmonary Tuberculosis or Pleurisy of tubercular origin who receives

treatment at his residence under a Tuberculosis Specialist recognized as

such by the State Administrative Medical Officer concerned and produces a

certificate signed by that Specialist to the effect that he is under his

treatment and that he has reasonable chances of recovery on the expiry of

the leave recommended.

(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.

applies in writing for the grant of extraordinary leave.

(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) Deleted.

(d) 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;

Prashant Nayak
Advocate, Mumbai
27225 Answers
88 Consultations

4.4 on 5.0

As per section 32(3) a if you take extraordinary leave you have to execute bond for period of 3 years

2) the actual expenditure incurred has to be paid by you if you leave organisation before expiry of 3 years

3) the interpretation given by organisation is correct

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Now please tell me is it as per the law??? If not, then Can ministry give any clarification on this through RTI

The governing law has been explained to you in the previous post itself, hence now you have to wait for the authorities o give the confirmation of the law they speak, in writing so that you can initiate legal action as per provisions of law in this regard.

The provisions of law is very clear and a proper reading of section 32 (3)(a), clearly states that it is applicable for the EOL granted under section 32(e), which is applicable for 18 months.

The authorities may be insisted to give their refusal in writing so that you can pursue the matter legally.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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