Dear comrades,
Of late, it is seen that certain authorities competent to sanction EL & CCL have been, rather unsuccessfully, on flimsy and subjective grounds, trying to deny leave legitimately due to the employees . This is despite the instruction of the DoPT to encourage the government servants to take leave periodically contained in OM No. 14028/3/2000-Estt(L) dated 22-03-2001. In the said OM it is clearly stated that the extant instructions to the effect that leave cannot be claimed as a matter of right are not intended to be used as in effect to abridge the leave entitlements of the staff. Click here for DoPT OM
The Supreme Court on 15-04-2014 held that a woman employee of central government can get uninterrupted leave for two years for child care, which also includes needs like examination and sickness.
The Apex Court opined thus:
“In fact, Government of India from its Ministry of Home Affairs and Department of Personnel and Training all the time encourage the government employees to take leave regularly, preferably annually by its Circular issued by the Government of India M.H.A.O.M. No. 6/51/60-Ests. (A), dated 25th January, 1961, reiterated vide Government of India letter dated 22/27th March, 2001. As per those circulars where all applications for leave cannot, in the interest of public service, be granted at the same time, the leave sanctioning authority may draw up phased programme for the grant of leave to the applicants by turn with due regard to the principles enunciated under the aforesaid circulars.”
Fraternally,
GS
