Casual Leave

@nemo,
Thanks for your reply. I know this is ILLEGAL, even The Headmasters’ Manual says this is ILLEGAL. The HM of my wife’s school is not following the manual too.
what can she do about it?
please help….

dear rabi,
since casual leave is taken on “as and when required” basis in an unforeseen situation, you may send leave application by speed post/registered post addressed to the the H.M.

Causal Leave shall not be treated as absence from duty and there shall, consequently,be no interference with the rate of emolument of the teacher or the non-teaching employee concerned.
A teacher or a non- teaching employee of the school may have 14 days of causal leave in a calender year. The causal leave may be affixed or prefixed to any holiday or Sunday but the total period including the holiday or Sunday shall not exceed 7 days at a time. Sundays and holidays falling within the period of causal leave shall not be counted as a part of the causal leave.
PROVIDED causal leave shall not be affixed or prefixed to any long vacation.
Casual Leave is not treated as leave. (WBSR Rule 167)
Casual Leave can not be combined with any other leave but as a very special circumstances may be combined with half day casual leave. (WBSR Rule 167)
Casual Leave can not be sanctioned for more than 7 consecutive days at a time including Sundays, holidays and weekly off days except for very special circumstances to be recorded in writing. (Appendix 10 of WBSR – I)
Casual Leave is admissible for 14 days in each year (January to December).
The authority granting Casual Leave should ensure as far as possible that public service does not suffer in any way.
There are provisions for sanctioning half days Casual Leave or Compensatory Casual Leave on the 1st half or the 2nd half of the day. (Appendix 10 of WBSR – I)
An officer who takes Casual Leave when on tour is not entitled to draw daily allowance during such Casual Leave.
Special Casual Leave
Special Casual Leave not exceeding 30 days may be sanctioned for participation in sport events, cultural activities, and mountaineering expedition in any calender year.
The period of absence in excess of 30 days should be treated as regular leave of any kind. Govt. employee may be permitted as a special case to combine special casual leave with regular leave. (Appendix 10 of WBSR – I)
Half day Casual Leave
Half day Casual Leave or Compensatory Casual Leave may be granted either on forenoon or afternoon session.
A person who take half day casual leave / compensatory casual leave for the forenoon session is required to attend office up to 1:45 pm.
The privilege of taking half day casual leave / compensatory casual leave shall not admissible on any day in which the office is not held for the full day.
This is also not admissible on any day on which a Government employee is permitted to attend office late or leave office early by any general order. (Appendix 10 of WBSR – I)
There is no bar to take 10 days causal leave in the first two months (Board’s No. 7211/G dt.21/07/82). Suppose an incumbent has taken 10 days of causal leave in the first 2 months of a calender year. After this, he has resigned from his post. In that case, the competent authority will deduct his emolument for 8 days or deducted salary will be submitted in govt.fund .( Board’s Circular dated 24/01/80).
If the incumbent joins in another school ( service), where teaching experience is necessary, there is no need to deduct 8 days salary from the incumbent.This CL is to be mentioned in the service book as a certificate in the last page where the authority shall signed.

Generally the Govt. holidays falling in between the casual leaves are treated as permission leaves (PL) in many Government Departments. But as per WBSR Part 1, CL can be taken for the maximum of 7 days. Government holidays are not counted as CL except in Police Department where the authorities intentionally do the wrongful act by treating the Gazetted holidays also as casual leaves to demoralise their subordinates and deny them the facilities granted by the Government. This depicts their illeteracy about the law or wilful violation of the Government Rules. However, in their case they anjoy all the CL and PL without any hinderances. The facts can be seen by studying the Kolkata Gazette and WBP and Kolkata Police Gazette.

All the rules of WBSR are not directly applicable to the Police employees who are basically governed by Police Act which came into force initially as Police Act, 1861 (Act V of 1861) and West Bengal Police Act, 1869. Some sections of Police Act are in agreement with WBSR. Subordinate ranks of Police have different rules of Home (Police) Dept. while the IPS officers are guided by All India Service Rules. Contrasting situation in the same organisation! Such disparity is not a result of any wrongful act of big bosses. Nor is it the willful violation of Govt. rules. This is the Constitutional provision!
NOTIFICATION
No. 3857F., dated 15th August 1971.—In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor is pleased to make the following rules:

CHAPTER I—EXTENT OF APPLICATION
1. These rules may be called the West Bengal Service Rules, Part I. Except where it is otherwise stated, they shall be deemed to have come into force with effect from the 1st October 1971.
2. Subject to the provisions of the Constitution of India and except where it is otherwise expressed or implied, these rules apply to all members of services and holders of posts whose conditions of service the Government of West Bengal are competent to prescribe.
Subject as aforesaid they also apply to—
(i) any person for whose appointment and conditions of employment special provision is made by or under any law for the time being in force ;
(ii) any person in respect of whose service, pay and allowances or pension or any of them special provision has been made by an agreement made with him, in respect of any matter not covered by the provisions of such law or agreement.
Note 1: The conditions of service of the subordinate ranks of the various police forces in West Bengal are determined by or under the Acts relating to those police forces respectively. Orders governing the application of these rules to the subordinate ranks of the police forces of West Bengal are issued by Government in the Home (Police) Department.

CHAPTER XV—LEAVE

Section I.—General Conditions
144. Unless in any case it be otherwise expressly provided in Section V of this Chapter, the rules In Sections I to IV of this Chapter apply to all Government employees to whom the West Bengal Service Rules, Part I, as a whole apply.

Similarly, WB (ROPA) Rules, 2009 are not directly applicable to the subordinate police personnel until it is specifically mentioned in the Home Dept. (Police Branch) Notification No. 688-PL, dated the 23rd February, 2009, No. 689-PL, dated the 23rd February, 2009 and, No. 690-PL, dated the 23rd February, 2009.
The Police Act, 1861, The West Bengal Police Act, 1869, The Calcutta Suburban Police Act, 1866, The Calcutta Police Act, 1869, The Bengal Military Police Act, 1892, The Madras District Police Act, 1859, The Andhra Pradesh (Andhra Area) District Police Act, 1859, The Madras City Police Act, 1888 etc. were originally composed by the Britishers who were probably LITERATE and could understand English!
Like so called inept IAS/ IPS officers who are suspected to have qualified Civil Service Exam. by unfair means like leakage of questions etc. or like the less educated Ministers who are believed to have captured position by a combination of muscle & money powers there are many so called Legal Experts who have managed to get fake LLB degrees and vitiated the prestige of this profession to some extent! Teachers are busy with private coaching in contravention of Education Act. Officers are sometimes charged for bribery. Doctors & Professors are sometimes alleged for molestation etc. Therefore, all these impurities are there everywhere in the society. The present system is staggering with all these friends, philosophers and guides . So, who is to blame for this!