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ks_sunilkumar
10-01-2012, 10:14 PM
Friends,

I want a solution to my problem.

I have been on extraordinary leave on medical grounds for the last 10 months upto November 2011. EOL for the these 10 months was approved by Leave sanctioning authority based on the medical leave certificate given by Authorised Medical Officer of ISRO under CHSS (contributory health service scheme) (similar to AMA under CGHS)

Now when I applied for extension of EOL on medical grounds for another 1 month for December 2011 with medical leave certificate from the same AMO ISRO, I got a memorandum from Sr. Administrative officer ISRO on 3-1-2012 stating that your EOL on medical grounds has not been approved by Leave sanctioning authority (LSA) and hence you have to report for duty.

My doubt is why my EOL is not approved by LSA? Everybody living nearby to my house knows that I am not well. This memorandum has now aggravated my illness.

I think the LSA has acted in an unfair manner. What action I can take against LSA?

Any body can give a solution?

Victor
10-01-2012, 11:17 PM
Friends,

I want a solution to my problem.

I have been on extraordinary leave on medical grounds for the last 10 months upto November 2011. EOL for the these 10 months was approved by Leave sanctioning authority based on the medical leave certificate given by Authorised Medical Officer of ISRO under CHSS (contributory health service scheme) (similar to AMA under CGHS)

Now when I applied for extension of EOL on medical grounds for another 1 month for December 2011 with medical leave certificate from the same AMO ISRO, I got a memorandum from Sr. Administrative officer ISRO on 3-1-2012 stating that your EOL on medical grounds has not been approved by Leave sanctioning authority (LSA) and hence you have to report for duty.

My doubt is why my EOL is not approved by LSA? Everybody living nearby to my house knows that I am not well. This memorandum has now aggravated my illness.

I think the LSA has acted in an unfair manner. What action I can take against LSA?

Any body can give a solution?

Unfortunately Leave Rules are very rigid and does not give an absolute right to claim leave even in cases of leave on medical grounds. Rule 19(5) of CCS(Leave) Rules, 1972 states as under:

"(5) The grant of medical certificate under this rule does not in itself confer upon the Government servant concerned any right to leave; the medical certificate shall be forwarded to the authority competent to grant leave and orders of that authority awaited."

If the LSA feels that the leave application is not geniune then he should have ideally exercised his powers under Rule 19(3) of Rules ibid to secure a second medical opinion.

In the given cirumstances I would suggest that you prefer an appeal to the competent authority enclosing all supporting documents/medical records and also offer yourself for a second medical opinion to clear their doubts if any.

Victor

ks_sunilkumar
11-01-2012, 08:54 AM
On receipt of memorandum, I replied it giving a copy of medical leave certificate once again and requested him to arrange sanction of leave by LSA. The certificate given by AMO need not be disbelieved as this AMO is appointed by ISRO itself, which is similar to AMA as per CS MA rules. Under Central Secretarial service (CSS) rules (exemption from mandatory training programme) it is stated that the the medical certificate given by AMA upto 5 years will be considered. In this situation, LSA must initiate for a second medical opinion as it is not fair for a subordinate under LSA to advise LSA for a second Medical opinion. As per todays report authorities are reluctant to trace out the alarming level of Black money in the country to the tune of Rs. 74 lakh crores.

RKPATHAK
11-01-2012, 11:39 AM
LSA can only direct you to have second medical opinion about your health. He cannot not disapprove your leave straight away. You may represent