ASKWB

We referred the case to our controlling Officer soliciting further instruction and the reply yet to received. However her service has been verified till November 2011. Can you tell me for how much period she can stay without pay?

Rule 175 of W.B.S.R. Part-I does not apply here since
i)she is not permanent,
ii)has not completed one year of continuous service and leave exceeds 3+6=9months
iii)She is not ill, hence can’t produce a medical certificate as required.
Let’s check any other way to save her.
Let’s see what she will get –
From date of joining to retirement she gets 180 days maternity leave
On 25th November, her Maternity Leave exhausts. Remains 15 days E.L. +10 H.P.L.
Perform duty from 26.11.2011 to 30.11.2011
From 01.07.2011 to 31.12.2011, she gets 15 days E.L. +10 H.P.L.
01.12.2011 to 31.12.2011 leave = 31 days, 15 days E.L. +10 H.P.L. exhaust. Turns to 6 days E.O.L.
01.01.2012 to 30.06.2012, she gets 15-1=14 E.L.+10 H.P.L.
Since leave in continuous spell, she receives C.L. but can’t use it.
Leave exhausts on 24.01.2012
To save her, ask her to apply for Child Care Leave (as has been effective from 01.01.2012) from 25.01.2012 to 31.08.2012 i.e. 219 days. Ordinarily she is not entitled to get Ch. C. L. but as per para (vi) of the relevant G.O. she may be granted if the leave sanctioning authority is fully satisfied about the need of Child Care Leave to her. She will get pay for the period and 501 days Ch. C. L. will remain in her account. Convince the leave sanctioning authority of the genuine need.

@Som & @ A Ray,

I am not sure whether it can be applicable in this case or not, consider the Note – 1 of Rule 174 of WBSR, Part I, it may fulfill her intention, where it says: –
“Note 1.—Leave not due is intended to be regarded as an advance of leave and its grant should therefore be -limited to the amount that both can be and will be earned by subsequent duty; further, it is meant to be granted only in exceptional cases of illness and finally when the exceptional step of granting such leave is taken, it shall be irrevocable, except at the request of the officer, who should not be penalized if reasonable anticipations fail to materialize.
Leave not due should in no case be granted unless the sanctioning authority is satisfied that so far as can be reasonably foreseen, the officer shall return to duty and earn it; but the leave when granted should in all cases, subject to the officer’s wishes and to subrules (3) and (4) be allowed to stand including cases in which the officer fails to earn it by subsequent duty.”

Sir,
Please follow the Schedule II [See rule (2) (c)] FORM OF LEAVE ACCOUNT of WBSR – Part – I, see the heading of column 30-32 which is written “Otherwise than on Medical’ Certificate limited to 180 days.

@A.Ray: Yes. H.P.L. is applicable for vacation department and its same as other department. Now please tell me whether extraordinary leave without pay (excepting medical ground) does not mean break of service and the period of absence will not be deducted from gross service period? What worse may be if there is a break of service in the begining? @10moy da, thanks for your effort but is it applicable in this situation?