Legal Question in Employment Law in India

I am teacher kvs a central govt autonomous body . I had been on leave from 26-6-2013 for 6 months , my child was not well I gave medical certificate too but leave was not sanctioned by principal although I had informed principal about the absence of mine .I came school on 23-12-2013 but principal denied to join me and send me to the regional office to join , I went but due to absence of DC I could meet him only on 1-1-2014 and I received the joining latter to join on 13-1-2014 which was the first day after winter break .

Q1.

(a) is the winter break been counted as leave ?

(b) Will I get increment on 1-7-2014

(c) Can I ask why my CCL is not sanctioned even after producing the medical certificate from the govt hospital ?

(d) if I would have get the ccl would this period be counted as eligible service period


Asked on 1/07/16, 9:44 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.01.2016

Dear Madam / Sir,

The Medical Certificate (Doctor's Certificate) from a registered general Medical Practitioner regarding the child's condition is required to be submitted at the time of proceeding on leave as well as at the time of resumption of duty. As regards entitlement of Child Care Leave (CCL) please refer to the Supreme Court case law in the following link :

http://www.gservants.com/2014/04/19/child-care-leave-730-days-honble-supreme-court-judgement/

(a) the winter break period will be counted as CCL;

(b) increment is based upon the Institution / University employee policy;

(c). Yes, you may ask for reasons and explanations from the Department;

(d). Yes, if we rely on and quote the above Supreme Court judgement (as in the above link).

Regards,

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Answered on 1/08/16, 5:41 am


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