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Author Topic: Conversion of Extraordinary leave into study leave  (Read 309 times)

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Offline ernilesh80

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Conversion of Extraordinary leave into study leave
« on: July 15, 2016, 09:14:54 AM »
I am a regular employee of BSNL. I worked in BSNL from March 2003 to June 2014.  From July 2014, I joined a full time PhD course in IIM Indore. BSNL management has granted me permission for this course in March 2014. In this permission, it was mentioned that study leave (with salary) is not permissible to me and I can use any other leave to pursue this course. At that time, I didn't oppose this decision because It would take long time to settle these types of disputes and I have to join this course in July 2014.  Thus, I have applied extraordinary leave (without pay) for three years and it was also sanctioned. I am on leave and still an employee of BSNL.
In BSNL employees' training documents published in 01/04/2011, two years study leave (with salary) are permissible to BSNL employees. No circular is issued from BSNL administration since  2011 which modify this study leave rules. Thus, as per rules, study leave should not be denied to me in the permission letter issued from BSNL management in March 2014. This is an injustice to me.
 Then, after a year, in June 2015,  I have written a letter to Director (HR), BSNL, New Delhi (through proper channel) to convert my extraordinary leave into study leave as per rules because without salary it becomes difficult for me to financially sustain my family. But, still I didn't get any reply from BSNL management of my application.
Then, in October 2015, I filed a RTI to BSNL-HQ to enquire about the study leave policy of BSNL. They replied:
"it is informed that Study Leave Rules as existing on 30-09-2000 is applicable to BSNL employees as per provisions made under CCS(Leave) Rules, 1972, which is available in Public Domain . "

The above RTI response clearly state that study leave is applicable to BSNL employees as per the provisions  of CCS leave rules, 1972.
Then, In March 2016, I filed another RTI to BSNL and asked following questions:
1) The present status of my application.
2) The time period required for the conversion of my extraordinary leave into study
I didn't get any reply of my above filed RTI. Then, in May 2016, I filed first appeal to know the status of my application but still I didn't get any reply from BSNL administration.
I have also heard from some sources that BSNL board has decided to bar all long term management course due to the poor financial condition of the BSNL but no circular is issued to BSNL employees in this matter.
I am still studying this course and it would take further 1 to 1.5 years to complete the course. In view of the above background, I want to know, what legal options are available to me to settle my case (ie. to convert my without pay extraordinary leave into with pay study leave). Should I file second appeal in Central Information commission to know the status of my application? Should I write a reminder to my application in BSNL through proper channel? Should I go in Court? Should I file a writ in High Court or should I file a case in Central Administrative Tribunal (CAT)? Out of these two options which one would be less costly in terms of different fee including procedural and advocate consultation charges. Also which option would most likely to give a fast decision. What chances of success I can expect in these type of cases?
Sir I know these are lots of questions but please help me as I am not aware about these things. Once I get your suggestions, I would decide my future course of action accordingly. Thanks in anticipation of help.


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