Validity of undertaking given as per old policy
1. I am a govt employee presently on study leave since 2014. While submitting my study leave application I have given an undertaking that I would shift to alternative accommodation other wise my study leave can be cancelled. However the Study leave application is of vintage 2005 and the undertaking is based on 1999 policy on accommodation .
2. Since then central govt has issued a new policy in 2011, as per that persons proceeding on study leave can retain the same accommodation during the period of study leave.However the local authorities have not incorporated this change of policy in their accommodation rule and took up a case for cancellation of my study leave for refusing to shift to alternative accommodation. The main argument by them is that I had violated the undertaking.
3. Following may please be noted
(a) The study leave application is not revised since 2005, undertaking submitted by me is based on 1999 policy and part and parcel of the application as an appendix
(b) Local authorities have not updated their accommodation policy
(c) Policy 0f 2011 on accommodation entitlement of person proceeding on study leave clearly uphold my right to occupy the same accommodation during study leave
(d) Case is sub judice in lower court
4. Whether there is any justification for the stand taken by local government authority ? If yes , what is the legality of their argument ?
5. I also request the experts to provide me with some supreme court/high court order defining the validity of an undertaking after amendment/change in policy.(if possible related to study leave/ accommodation)
Asked 3 years ago in Civil Law from Chennai, Tamil Nadu
1) once you have given a undertaking that you will shift to alternative accommodation during study leave you are bound by the said undertaking
2) you can make representation to authorities not to cancel your study leave as per revised policy of 2011
3)if they reject your representation and cancel your study leave you will have to move court and challenge said order of cancellation of your study leave
1. Your undertaking is based on 1999 policy, so you continue to be governed by the policy which was the foundation of your undertaking.
2. Which case is sub judice in the lower court? Who has filed the case? What has been the stand of the govt?
1. Your under taking is valid till you continue with the leave application as it was dated back to the amendment in policies. you can question the present validity of it by filing a writ petition in the High court as they have not adopted the rule in your case as per the new policy..Only after this you can get a respite
2. If the department has already filed case against you to vacate you from the accommodation, you should first file a writ petition in the high court and file stay application in the lower court where the proceedings are initiated against you till the high court order comes.
3. There is a good chance that high court will issue writ of directions to the authorities as they are not following their own amended policies and misusing the authority
Engage an advocate consult with him the possibility and go ahead to file a writ petition
1. Are you working with State Govt or Central Govt.?
2. If you are working with Central Govt., then you can file a W.P. against your local authority for their not updating the Central Govt. rules,
3. It is a good case to win.