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sonia
01-08-2011, 04:29 PM
plz senior members let me know is there any such rule in swamy book that a lady can go on leave for one year in continuation to maternity leave n officers couldnt deny it?i ve applied ccl for six months in continuation to maternity.i couldnt recieve approval frm my office.un officially i came to knw tht my officer has forwaded it to our region jd n he forwarded it to our dept dd wid remark they want substitute against me for six months.my dd has nt recommended it to admin though becoz of this remark.he is saying he will personally put my file there n talk to secretary.he also said either u talk to jd n write a fresh application n asked jd to write we can manage for six months. my delhi jd is saying if writes this also even then i will get it for one month only.govt. has kept ccl only for helping out ladies for nurturing their child below 18 years.they r deneying it for new born baby as this time baby needs mother care.On one side my dept is asking for substitute other side when i was on maternity, 2 people have been transferred frm my dept to diff station.if they want substitute they should nt transfer them.on the otherhand the person who has been transfered is continously on leave by giving her mother medical.plz suggest what can i do as we dnt ve support system at hme n both my in laws r nt alive.there is no body to look after my 5 months old baby.one of my colleague asked me to sit quietly as she told me all this i knw unofficially,officially i vent recieved any letter.she says ur responsibility is finished u ve send ur application.nw if they r nt putting it on time its their fault.u consider it as leave as u vent recieved any letter.secondly. i m ving six months leave in my account inclusive of el n half pay.if i go on these leave hw could then things will manage.shall i go on these leave for nuturing my child if they deny for ccl?if they sanction my these leave n deny ccl what right should i ve to convert these holidays into ccl later on?shall i file rti against this?shall there is any such rule in central services ...can i accompany my child daily to office wid me?for this shall i ve to seek permission from higher authority?

sinha_audit
01-08-2011, 10:52 PM
You should be more coherent in your approach to forum posts. It would not only help your cause to try to ask pointedly, but also others who may attempt to answer.
Anyway, controlling officer has every right to first arrange for your substitute and then allow your leave. EL availed for the specific purpose may also be converted into CCL following GoI’s clarification in this regard. Link below:
http://persmin.gov.in/WriteReadData/Estt/13018_1_2010-Estt.-Leave30122010.pdf

Be specific in your application. Try not to create ruckus at your workplace. Child accompanying you daily and remaining with you all day will not be tolerated by any authority since it will surely compromise work ethics. Find some good creche near your workplace. RTI will lead you no where. This is a tool for seeking information and you may consult prevalent rules for your enlightment.

Regards

Alok Sinha.

sonia
01-08-2011, 11:19 PM
but sir my office is situated in industrial area n there is no creche facility.even it is located in such a area that u will not get any eating outlet.medical shops too.sir i m personally requesting u too reply me at my email id startsona@gmail.com.even my same request is to others members too.becoz i dnt ve any option left only to carry baby with all her accessories accompanying wid maid.is there any such rule for ladies to carry baby at work place?only during the initial phase of baby, a mother is required.plz answer me at my email id.plz everyone suggest sme good solution to resolve my problem.

Victor
02-08-2011, 10:06 AM
Kindly note that Leave cannot be claimed as a matter of right. However, under Rule 43(4)(b), any leave (including commuted leave up to 60 days and leave not due) may be taken without MC up to two years in contination of Maternity Leave. (This also includes CCL). The relevant rule is reproduced below:

"Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two years may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1)".

Your admin would, therefore, need to take the above into account and take a suitable decision.

I fully sympathise with you as your case is geniune. Also note that the leave sanctioning authority cannot alter the kind of leave due and applied for.

Victor

sonia
02-08-2011, 12:54 PM
thanks for ur reply victor sir.
I do know sir that leave is not a right of an employee.during my three years of service i never taken el n medical leave.but this time i m ving urgent requirement as my child needs me.we r ving only one creche mothes pride in our vicinity that too takes children above 1.5 years.i m in so much mental tension.i m not getting any alternate solution of my problem.if u ve any or other members too specially ladies who have faced same situation before plz let me knw what can i do?

prashantha
05-08-2011, 03:46 PM
I do empathise with you, as many of us hv gone thru the same desperations. If CCL is denied to you at the moment, you can get your EL sanctioned for now( min 15 days) & get the same converted to CCL at a later date, since u have EL balance. As per OM 13018/2/2008-EStt(L) dt.18/11/08 EL can be adjusted against CCL if so requested by the employee. CCL can be taken minimum 15 days at a stretch, thrice in a year. Request your colleagues family/friends/relatives to baby sit for a while.
pnk

prasannakumar
05-08-2011, 07:50 PM
I really sympathize with Sonia, our member. But, it may please be noted that it may not be possible to accommodate everybody's needs always. A compromise has to be struck at some point. Some times one may have to sacrifice a bit. I advice to talk to the authorities and to arrive at a consensus. Please think from their side also i.e what you would have done if you were to be in position of authorities concerned

Regards
Prasanna Kumar

sonia
22-08-2011, 05:32 PM
sir,
i ve applied ccl for six months n got it sanction for one month.nw i m again asking for ccl if they again sanction me for 15 days.then third time if i again ask for it n they again sanction it for less no of days.then what abt the fourth time?can i m eligible to avail ccl next time as my purpose doesnt get solved due to my new born baby needs?as dept doesnt deny ccl also it doesnt sanction me for the tenure i asked for my problem?is this rule is applicable in my case?3. Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child Care Leave for the remaining period of the current year'?


No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier.

RKPATHAK
23-08-2011, 10:51 AM
CCL can be granted for two years till the child attains the age of 18 years but Leave cannot be claimed as a matter of right. Take your superiors into confidence narrating your problem. If he does not agree matter may be brought to the notice of senours

prashantha
23-08-2011, 11:11 AM
Rules are the same for all Sonia. & is applicable in your case too. This leave is sanctioned for minimum 15 days, 3 times in a year. It cannot be counted as CCL if it is granted for less than 15 days.
pnk

sonia
23-08-2011, 05:07 PM
bt i ve applied it for six months bt got for one month.then is this rule application?i m again requesting for ccl for the time my child needs me.i want to extend my leave beyond one month.i m requesting to my competent authority for this.if again the same will happen with me then after third request it means i m nt eligible for ccl till next year as my problem is geniune n i asked them it on human grounds too?my question to senior members is this is tht rule is applicable to my case?as i m requesting them in written right frm beigning i need six months leave for my newly born baby?secondly what punishment or benefits i will lose in near future if i will go on without pay leave? n is it manadatory to get prior sanction for without pay leave for six months?is my seniority will lost ?or it will be counted as break of service?or there is any provision after five months when i joined to convert these leaves into ccl or half pay as i m requesting these leaves in continuation to maternity.

Victor
23-08-2011, 07:59 PM
bt i ve applied it for six months bt got for one month.then is this rule application?i m again requesting for ccl for the time my child needs me.i want to extend my leave beyond one month.i m requesting to my competent authority for this.if again the same will happen with me then after third request it means i m nt eligible for ccl till next year as my problem is geniune n i asked them it on human grounds too?my question to senior members is this is tht rule is applicable to my case?as i m requesting them in written right frm beigning i need six months leave for my newly born baby?secondly what punishment or benefits i will lose in near future if i will go on without pay leave? n is it manadatory to get prior sanction for without pay leave for six months?is my seniority will lost ?or it will be counted as break of service?or there is any provision after five months when i joined to convert these leaves into ccl or half pay as i m requesting these leaves in continuation to maternity.

If you apply for extension of CCL then this won't be treated as a different spell. The provision that CCL can be sanctioned for a maximum of 3 spells in a year means that you can take CCL on three different occasions with the intervening period as duty.

Any leave including EOL, EL, HPL, CCL, etc., have to be sanctioned by the competent authority. Unauthorised absence can result in disciplinary action.

Victor

SASI
23-08-2011, 08:25 PM
It is true that leave can not be claimed as a matter of right. This does not confer any arbitrary power on the sanctioning authority to deny leave at its whims. Denying leave in a most deserving case is not justifiable. Government of India Decisions say repeatedly that only in exigencies of public service can an authority refuse leave.

sasi

prasannakumar
23-08-2011, 09:16 PM
It is true that leave is not a matter of right, but in deserving cases invariably it has to be sanctioned. However, before applying for leave it is better to convince the competent authorities about to genuineness and to proceed after it is sanctioned. After expiry of sanctioned leave and immediately applying for further extension regularly may hamper the office proceedings and create an unhealthy working atmosphere. It is better to avoid rubbing for our own good.

Prasanna Kumar