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Author Topic: VALIDITY OF UNDERTAKING GIVEN AS PER OLD POLICY  (Read 658 times)

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Offline DEV67

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VALIDITY OF UNDERTAKING GIVEN AS PER OLD POLICY
« on: May 19, 2015, 09:24:10 AM »





   

1. I am a govt employee presently on study leave since 2014. While submitting my study leave application I have given an undertaking  that I would shift to alternative accommodation other wise my study leave can be cancelled. However the Study leave application is of vintage 2005 and the undertaking is based on 1999 policy on accommodation .
2. Since then  central govt has issued a new policy in 2011, as per that persons proceeding on study leave can retain the same accommodation during the period of study leave.However the local authorities have not incorporated this change of policy in their accommodation rule and took up a case for cancellation of my study leave for refusing to shift to alternative accommodation. The main argument by them is that I had violated the undertaking.
3. Following may please be noted
(a) The study leave application is not revised since 2005, undertaking submitted by me is  based on 1999 policy and part and parcel of the application as an appendix with out which the application is incomplete.
(b) Local authorities have not updated their accommodation policy
(c) Policy 0f 2011 on accommodation entitlement of person proceeding on study leave clearly uphold my right to occupy the same accommodation during study leave. Moreover in number of other places persons are allowed to occupy the same accommodation during study leave under 2011 policy. Even  the concerned local authority allowed retention of accommodation during study leave under 2011 policy during 2013-2015 to few other persons but denying it for 2014-2016
(d) Case is sub judice in lower court
4. I request the experts to comment on the merit of my case and also to provide me with some supreme court/high court order defining the validity of an undertaking after amendment/change in policy by govt .(if possible related to study leave/ accommodation

 

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