• EOL and study leave

Sir
I am a central govt employee(Bhopal) from June 2010 till Feb 2017. I took two years EOL from Marc 2017 to Feb 2019.I want to ask.I have Two options 
1) If i eligible for study leave from March 2019 for Pursuing Postdoctoral study for two years outside India If I apply Study leave , can my employer (central govt dept) reject it?
2) Whether i m eligible to apply for another Two Years EOL from March 2019 ? Is there any maximum duration of Extra ordinary Leave based on service rendered ?
3) Which one easy to get Study leave or EOL as i have offer letter for postdoc two years outside India
Email: [deleted]
Asked 11 months ago in Labour from Malaysia

Hi,

As per CCS Leave Rule – 32(1) maximum of 5 years EOL can be taken by a Central Govt. employee even if there is no leave available. You have  taken EOL from March 2017 to Feb 2019 i.e. two years. It can be extended for another three years.You cannot take study leave now as  you have to join the service and sign bond for paid study leave. It is better you continue with EOL.

Rajni Sinha
Advocate, Mumbai
407 Answers
39 Consultations

4.6 on 5.0

Extra-ordinary Leave to Permanent Employee [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.

 

2) The maximum amount of study leave for of than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for up to twelve months at a time. (Rule 51(1)}.

 

3) Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)

Ajay Sethi
Advocate, Mumbai
69586 Answers
4181 Consultations

5.0 on 5.0

Dear Client,

After completion of 5 years continuous service, you are eligible for study leave. Except Central Health Service Officers, maximum amount of study leave granted is 12 months at any one time and 24 months during entire service.

Extraordinary Leave shall always be without leave salary and may be granted when no other kind of leave is admissible, or when other leave being admissible, the staff concerned has specifically applied in writing for the grant of EOL and eligible to avail himself of a maximum of 5 years of EOL without pay and allowance during the entire period of his service.

Yogendra Singh Rajawat
Advocate, Jaipur
14991 Answers
19 Consultations

4.6 on 5.0

Under rule 32 of central civil service rules the leave for education can be taken for period of 5 years when no other leave is admissible so in your case you can apply for extension of same for further period of 2 years for post doc. Outside India.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

EXTRA ORDINARY LEAVE (EOL)

Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Extra Ordinary Leave to central Govt. employees are explained here under.

1.         Extra-ordinary Leave to Permanent Employee [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.

2.         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).

3.         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.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

1. It is up to the discretion of your Management whether your study leave will be sanctioned or not be it for your study in India or abroad. In some cases doctors of Rly. Hospital have been allowed study leave for going to USA whereas application for study leave appliucations of empl;oyees of the  same organisation for studying in some University in India have been rejected on the ground of organisational necessity.

 

2. There is no eligibility for study leave allowed by any Govt. Concern. Study leave is allowed at the discretion of the Management which is mostly based on requirement of presesnce of the said employee asking for the leave or the eagerness of the Management to ensure that the said employee improves/enhances his education/skill for using by the said concern. In some cases, Bond is also insisted by the employing organisation.

 

3. Study leave is alwayes preferred if the management agrees. 

Krishna Kishore Ganguly
Advocate, Kolkata
22911 Answers
618 Consultations

5.0 on 5.0

Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave.

Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54).

The maximum amount of study leave, which may be granted to a
member of the Service, shall be—
4(i) ordinarily twelve months at any one time, which shall not be exceeded
save for exceptional reasons; and
4(ii) twenty-four months (inclusive of study leave granted under any other
rules) in all during his entire service:
9Provided that the All India Service Officers selected for fellowships
approved by the Government of India, from time to time, by general or
special orders, will be granted study leave for the entire period of
fellowship, not exceeding twenty-four months.
5. Combination of study leave with leave of other kinds.—
105(1) Study leave may be combined with other kinds of leave, but in no case
shall the grant of this leave in combination with leave other than
extraordinary leave, involve a total absence of more than twenty—eight
months generally and thirty—six months for the courses leading to Ph.D
degree from the regular duties of the member of the Service.
Explanation:— The limit of twenty-eight months or thirty-six months of absence
prescribed in this sub-regulation includes the period of vacation.
5(2) A member of the Service granted study leave in combination with any
other kind of leave may, if he so desires, commence his study before the
end of the other kind of leave but the period of such leave coinciding with
the course of study shall not count as study leave.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

Hello 

       The maximum amount of study leave for other than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. For CHS officers the ceiling is for 36 months for acquiring PG qualifications. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. 

Regards 

Rahul Mishra
Advocate, Lucknow
5210 Answers
12 Consultations

5.0 on 5.0

There is no provision for obtaining resignation in advance especially a leave cannot be granted by imposing such conditions or no such conditions can be granted while granting leave of any type.

The employer cannot remove you from service  on the basis of your undertaking obtained by them by force.

You can challenge the same through high court with a writ petition if you are terminated for the said reason

 

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

EOL is suitable. If not granted you can file writ petition in HC.

Prashant Nayak
Advocate, Mumbai
14897 Answers
25 Consultations

4.6 on 5.0

There is no such rule regarding advance resignation 

 

2) your next  court of action should be to obtain relieving letter from foreign university 

 

3) you have rejoined on completion of EL 

 

4) you would not be removed from service 

Ajay Sethi
Advocate, Mumbai
69586 Answers
4181 Consultations

5.0 on 5.0

1. It is a management decision to ask for undertaking for advance resignation.

 

2. After joining, further leave will not be extension of leave but fresh leave. Since your Organisation has not  sponsored yourb study, it has over acted in asking releaving letter from rthe foreign University.

 

3. If you have given the saiud Undertaking, your Institute can accept your said advance resignation and relieve you from the service.

 

4. Settle the matter amicably with the Management in your own interest. 

Krishna Kishore Ganguly
Advocate, Kolkata
22911 Answers
618 Consultations

5.0 on 5.0

File application before CAT against order passed that you have resigned from service 

Ajay Sethi
Advocate, Mumbai
69586 Answers
4181 Consultations

5.0 on 5.0

1. This is not a proper order.

 

2. Your absence without can not be deemed to be voluntary resignation.

 

3. In the instant case, the management is supposed to take disciplinary action against you by conducting enquiry and then taken action to terminate you, if they desired to terminate you.

 

4. In the instant case, you have asked for extension  of your leave which the Management should have either allowed or rejected.

 

5. You can file a n application before the CAT challenging the said order.

Krishna Kishore Ganguly
Advocate, Kolkata
22911 Answers
618 Consultations

5.0 on 5.0

You can issue a legal notice to the institution stating that you were forced to sign the resignation in a plain paper at the time of sanctioning the leave even though the leave was applied following the rules and regulations.

Hence the notice mentioning the deemed resignation is nothing but a retaliatory act with intentions malafide, therefore you may be reinstated,

if there is no reply or fruitful result then you may approach high court with a writ petition seeking the relief of reinstatement with back wages by pleading all the events taken place, chronologically vent out your grievances seeking redressal of the same and the remedy sought for.

 

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

you can file an application before Central administ-

ration Tribunal. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

Yes you can get a stay order

Prashant Nayak
Advocate, Mumbai
14897 Answers
25 Consultations

4.6 on 5.0

There cannot be deemed resignation when leave extension application is pending. And deemed resignation applies on 5 years continuous absence from work. Stay will grant.

Yogendra Singh Rajawat
Advocate, Jaipur
14991 Answers
19 Consultations

4.6 on 5.0

File application before CAT Jabalpur 

Ajay Sethi
Advocate, Mumbai
69586 Answers
4181 Consultations

5.0 on 5.0

at Jabalpur. 

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

Jabalpur HC

Yogendra Singh Rajawat
Advocate, Jaipur
14991 Answers
19 Consultations

4.6 on 5.0

The cause of action took place in Jabalpur, i.e., the jurisdiction, hence you may have to file OA before MP CAT only.

Your address given in the service records will not be considered for initiating legal cases as jurisdiction.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

1. The cause of action arose  at your office at Bhopal having jurisdiction of Jabalpur High Court.

 

2. So, be it the Higfh Court or CAT, you shall have to file it at Jabalpur.

Krishna Kishore Ganguly
Advocate, Kolkata
22911 Answers
618 Consultations

5.0 on 5.0

Hi,

Your jurisdiction will be at the place you are working. This means if you are working at Bhopal, it has to be a CAT bench at Bhopal/Jabalpur. You had given resignation letter voluntarily before proceeding for study leave, there do not appear to be any illegality on the part of Institution. However, you can place your case before CAT on the ground of non-extension of study leave and education of your children. 

 

Rajni Sinha
Advocate, Mumbai
407 Answers
39 Consultations

4.6 on 5.0

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