Medical Leave along with Special Summer Vacation in 2014

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  • June 29, 2014 at 5:53 am #69651

    Dear friends,
    My friend joined as asst teacher through ssc on January 2014. He took c.l. for 11,12 and 13th June for his sister’s marriage which was on 15th June . There was shabab-e-raat on 14th June and Sunday on 15th June . Suddenly a special SUMMER VACATION was declared from 16th June to 25th June. He join his school on 26thJune.
    Now his Headmaster says that there will be a service-break because the leave on 11,12 and 13th June has been changed in medical due to vacation . As he has no any medical leave in his account so to avoid service break he will have to take Leave Without Pay for 11, 12, and 13th June.
    My query is………
    1) Is headmaster right ?
    2) What is the rule for service-break?
    3) What is rule for M.L. along with the vacation ?
    4) Is there any provision for PRE MEDICAL LEAVE ?
    Your intelligent reply will save some one’s service record as well as mental peace . The documental link will be very helpful in order to putting forward your view on the headmaster’s table.
    Antorik Dhanyvaad o Subheccha

    June 29, 2014 at 3:47 pm #79613

    1) Is headmaster right ?
    Ans. – Your H.M. is right / Partly right.
    2) What is the rule for service-break?
    Ans.- Now the term “Break of Service” is no more, as it is treated EOL up to 2 years. (Ropa-2009)
    3) What is rule for M.L. along with the vacation ?
    Ans. – In the First Year of Service, an incumbent can’t enjoy any kinds of leave but CL. ( It is 2 years for Additional Post.)
    4) Is there any provision for PRE MEDICAL LEAVE ?
    Ans.- School authority has no power to approve advanced medical leave. It is approved by the WBBSE.
    So your leave for these days will be EOL ( With out pay).
    Thanks a lot.

    June 29, 2014 at 6:42 pm #79617

    Dear friends as far as my knowledge goes in long vacation it is necessary to attend the school either on the closing day or on the opening day, As the said teacher joined on the opening day there should not be any question of service break. Besides the teacher had approval for CL , now in special case one may be approved(by the authority) for more than 7 days absence with CL and holidays(at least for primary school)
    Cf-

    4. Leave admissible to the teacher-
    The Primary teachers appointed substantively may be allowed the following kinds of
    leave:
    (a) Casual Leave – Casual Leave for short period may be granted at the discretion of the
    sanctioning authority to a teacher on full pay for not more than 14 days during a calendar
    year but it shall not entail an absence of more than 7 consecutive days at a time, including
    Sundays and / or holidays, except under very special circumstances to be recorded in
    writing.

    Provided that Sundays and / or holidays preceding, following or intervening any period of
    casual leave shall not be counted as part of such leave.

    – Leave rule 1999 of primary teachers.
    As the matter was not in the teacher’s control ( the closing of the school was declared when no step was possible to take), he may and should apply for approval of the CL and the vacation as the holidays and if not granted he may and should appeal to the higher authority for judgement.

    June 30, 2014 at 11:12 am #79620

    Sorry Mr. Roy,
    In High School one can not suffix or prefix CL to any long vacation (7days or more). See Rule 2. Casual Leave here.
    Neither he/she can enjoy ML (in fact, no other kinds of leave except CL) in his/her first year of service. See The Clarification of Certain Leave Rules here.
    This is understood that the situation was not under the control of the victim teacher.
    But according to Notification No: 118/Admin/14 Date: 14/06/2014, it was not a usual/regular vacation. The office was opened for admission of Class XI. So the teacher could, I think, avoid the situation on requesting the HM to attend the school on 16th June and sign on the register.
    Otherwise, the leave for those days will be treated as EOL ( With out pay), as Mr. Acharya explained above.

    June 30, 2014 at 6:29 pm #79623

    Thanks gpgarain, for your post. How ever I am in strong believe that if the teacher apply to the board for clarification and consideration decision will go for his favour provided the school has no HS section.

    July 1, 2014 at 5:14 pm #79628

    @wakil
    Have a look at No. Kol-2327/04/G, Date 11. 06. 2004 and No: Kol-S/435-B, Dated 06.06.01 and discuss with your HM if it could save you from this unwanted situation!

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