Dear Dr Majumder,
Please forgive me for this post, Sir please note that, this particular topic started by Mr Jaydeep Paul, where he stated that “Plz give me some information on the following topic – How many casual leaves can one wb govt. aided school teacher take in a session ( Jan to Dec ) if she enjoyed six month maternity leave on the same session ? Is it 14 or 7 ? Is there any circular or rules ?” – on 18-09-2012,”
– এই পোস্ট টিতে কিন্তু এটা পরিষ্কার যে এটি কখনই কেন্দ্রীয় সরকারী কর্মচারীদের সম্পর্কে নয়। আমি, বীথি দেবী বা সোমনাথ ভাই সবাই কিন্তু উত্তরগুলি রাজ্য সরকারী কর্মচারী সম্পকে ই দিয়েছি। আপনি মনে হয় প্রথম পোস্ট টি খেয়াল করেননি।
কোনরূপ আঘাত পেলে ক্ষমা করে দেবেন।
Hi Hi Hi, bhai as a modarator এটা কাম্য নয় আপনার কাছ থেকে – হি হি হি
For sure. Actually I took the quote from Dr. Mazumder’s post but dont know how was it changed. It may happened as Dr. Mazumder previously quoted your post. And if it not correct then it may be some ghostly affirs.
Yes. Due to EOL without pay the employee will not be eligible for counting of service and will not earn leave for that period.
(1) WHAT DOES IT MEAN?? BREAK IN SERVICE ON ACCOUNT OF EOL??? EOL is also granted when no other leave is admissible or, other leaves are admissible but the employee has applied for EOL. When a leave like EOL is GRANTED BY THE GOVT. to its employee, how can the leave period be excluded from the service ??? Mr. A. Roy has rightly pointed out that break in service happens on account of unauthorised absence (dies non). EOL is a authorised absence!
The Central Civil Services (Temporary) Rules,1965 of Govt. of India specifies that:
“Government of India’s decisions:
(1)
(a) Only service rendered in a civil post under the Government of India is treated as temporary service for this purpose.
(b) The term “Government service” includes periods of duty and periods of leave including extraordinary leave.
(c) Prior service rendered in establishments paid from Defence Estimates and service rendered in Railway Department is also counted for quasi-permanency.
………………………..
…………………………”
So, my dear friends, leave without pay does not necessary mean out of govt. service. Probably, Govt. of WB also has the same consideration as that of Govt. of India as regards inclusion of period of EOL in the term “Govt. Service”. Pls search the Temporary Rules for State Employees. I am also trying to find out.
Actually I was rather interested to know the rule governing the pro rata basis allocation of CL as illustrated by som and, did not pay attention to the legitimacy of EOL!
Dear 10Moy dada,
It is not the case of the Centre and the State. Probably you could not follow my contention. I thoroughly noted the communications right from the beginning and made query to som on the rationality of month-wise allocation of CLs in context of Example 2 given by him in his post on the 18th Sept!
“Example 1: someone was on medical leave for 1 month, he/she will avail casual leave for 14 days, the number of casual leave shall remain unchanged. Example 2: Someone was on extraordinary leave without pay for 4 months during a calender year, he/she will avail casual leave 14/12X8 = 9.33 rounded to 10 days. So the employee will get full 14 days casual leave during the calender year on which she avail maternity leave. Please note that casual leave cant be combined with any other kind of leave. I invite more interaction of other members.”
In “Example 1”, it was stated that the female employee is eligible to get all the 14 CLs despite her availing of 1 month Medical Leave. Why can’t the pro rata basis distribution of CL be done here for remaining 11 months interms of the said FD Memo?
Whereas in “Example 2” it was said that out of 14 CLs 10 are admissible on pro rata basis for the remaining 8 months when the employee takes 4 months EOL because that EOL period is not counted in the service (clarified later) ! It was argued here that the employee serves the govt. only for the remaining 8 months and hence, proportionate share of CL is admissible!
First of all I don’t agree that EOL which is GRANTED BY THE GOVT. causes forfeiture of service of an employee for that particular period !! Secondly, the GOWB, FD Memo as referred to by Som clearly shows its application in the case of admissibility of CL on pro rata basis in the FIRST YEAR OF STATE GOVT. SERVICE OF THE NEW ENTRANTS irrespective of whether they join the service in January or June or November! The Memo is not intended for the pro rata basis admissibility of CLs from 2nd year onwards when an employee may take 4 months EOL.
Pls see the following leave rules in WBSR Part-I and find the provision, if any, for pro-rata basis grant of CLs to permanent state govt. employees:
“Rule – 207: Casual leave is limited to 14 days in a year and shall not entail absence of more that seven consecutive days except for very special circumstance to be recorded in writing, Sunday, Holidays, weekly holidays shall not count as part of casual leave.”
Therefore, still I think the provision of the said FD Memo has no manner of application in the case of service from the 2nd year onwards.
To grant or not to grant any leave to an employee is the discretion of the Authority as the taking of leave is not a right! I think, an Authority of the state govt. offices also have the same discretionary power as that of an Authority of the Central Govt. offices. So, there shall be no harm if the State Authority grants the full maximum CLs in the 8 months of a year (other than the first year of service) to an employee when the first 4 months have been used up in the period of EOL.
*I think there is no relation between the number of CL with any other Leaves ( there is 10 types of leave of Govt. aided Schools). Any incumbent (teaching or non- teaching staff) who is availed sanctioned (by the MC) extra ordinary leave for the period of 2 years, then this period of leave shall not regarded as”BREAK OF SERVICE” according Ropa-2009. So,if an incumbent enjoys 4 months of EOL, he/she will get 14 days of CL in that particular session (Jan. to Dec.)
**In the time of the calculation of 10/18/20 years benefit,and for the calculation of total length of service for Pension, Gratuity and death Gratuity, the period of EOL will be deducted from his total period of service if it is not approved by the competent authority.
*** So, at present EOL is not considered as Break of service. Therefore, we can say Jan. to Dec. is a full year service service,and he/she get 14 CL in an academic year.
Thanks to all of you.