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devsingla123
19-11-2009, 03:33 PM
dears members, i want to know about deduction during maternity leave as my wife went on maternity leave on 25-06-2009.the department deduct following from her salary

1. transport allowence

2. washing allowence ( she is a staff nurse)

3. annual increment ( that is due from 1st july 2009)


is these deductions are right ?


secondaly she will join her duty on 24-12-2009 then

annual increment will be given from 01-07-2009 or from 1-1-2010

or from 01-07-2010 ?

if increment will be granted from 01-07-2009 then she will get arrear of past
six months ?

jitendraacr
19-11-2009, 07:41 PM
Dear friend
These deductions are as per rules. However, increment is not deducted here but during leave no benefit of increment will be given. It doesn't mean that increment is denied. The date of increment will remain same and on joining duty, she will get pay after granting increment. She will not get any arrear on it. Pay will remain same as before proceeding on leave. Benefit of increment will only be given from 24.12.2009.
Jitendra

devsingla123
20-11-2009, 05:36 PM
thanks for reply.
i want to know one more thing that we want to extend two months EL with maternity leave( i have 66days EL in my account).for this we have two options:

1 join duty on 24-12-2009 and then apply for EL ? (but it is very difficult to get approval because my department usually denied such extension by giving reason of shortage of staff)

2.somebody advise me to send telegram to department for granting EL without joining duty ? is it legally acceptable ?

if there is some other way for getting EL please suggest as i must have to extend my leave.

jitendraacr
20-11-2009, 10:19 PM
Dear friend
As per rules any kind of regular leave may be combined with Maternity Leave. Even Commuted leave without Medical can be availed up to two years. Normally This leave can not be denied. You need not to join the office for grant of leave and you may ask for extension of leave through a simple letter/Telegram or leave application. If you could arrange a medical certificate from doctor stating that you require rest for some more period, it will finish all ifs and buts. Choice is yours though medical certificate is not mandatory for extension of maternity leave. You have sufficient time to apply for extension of leave without joining the duties.
Jitendra

badri mannargudi
22-11-2009, 10:44 PM
Dear friend
As per rules any kind of regular leave may be combined with Maternity Leave. Even Commuted leave without Medical can be availed up to two years. Normally This leave can not be denied. You need not to join the office for grant of leave and you may ask for extension of leave through a simple letter/Telegram or leave application. If you could arrange a medical certificate from doctor stating that you require rest for some more period, it will finish all ifs and buts. Choice is yours though medical certificate is not mandatory for extension of maternity leave. You have sufficient time to apply for extension of leave without joining the duties.
Jitendra


Dear friend
These deductions are as per rules. However, increment is not deducted here but during leave no benefit of increment will be given. It doesn't mean that increment is denied. The date of increment will remain same and on joining duty, she will get pay after granting increment. She will not get any arrear on it. Pay will remain same as before proceeding on leave. Benefit of increment will only be given from 24.12.2009.
Jitendra
Dear friends,
I totally agree with my learned friend's (Sshree JJee's) views, and my additional view is that for the whole month of June 2009 the individual should have been given Transport Allowance. And similarly, assuming the individual rejoins on 24.12,2009, she would be eligible to draw full month Transport Allowance.
As for point # 2, namely, the extension of earned leave, I would like to suggest to the individual to apply for child care leave from 02/01/.2010, so that she would draw full transport allowance for january 2010. And generally, child care leave shall not be denied. ( no minimum period is prescribed).
With regards,
Badri

devsingla123
23-11-2009, 01:00 PM
thanks mr.badri and mr.jitendra.
as mr. badri suggested that i should apply for CCL 01/01/2010.
but as rules of ccl one cannot apply for ccl until she have EL in her account.
that is reason why we are applying for EL first.after consuming all my EL, then i will apply for CCL

SECONDALY, admistrative department told me that a person with two years of service can get only 6 months ccl, and person with service of 5 years can get only one year ccl. is it true ?

svsankar
25-11-2009, 09:02 PM
thanks mr.badri and mr.jitendra.
as mr. badri suggested that i should apply for CCL 01/01/2010.
but as rules of ccl one cannot apply for ccl until she have EL in her account.
that is reason why we are applying for EL first.after consuming all my EL, then i will apply for CCL

SECONDALY, admistrative department told me that a person with two years of service can get only 6 months ccl, and person with service of 5 years can get only one year ccl. is it true ?

Dear Sir,
Your wife will get transport allowance for june 2009 as suggested by mr.badri. I think getting a medical certificate is not possible in her context as she is a staff nurse.
You are correct CCL can be sanctioned only if there is no EL. As per clarification (ii) available on the subject, CCL is to be treated like EL and should be sanctioned as such. Under the above circumstances the analogy applied by your admn department seems to be correct.
Increment will be given only on joining duty.
Has she delivered. Generally on humanitarian consideration and for the proper upkeep/nurture of a new born child leave applied should not be denied under these circumstances. If there is staff shortage they can engage contract labourers or apprentice nurses from nursing colleges. I suppose a doctor should be sanctioning her leave and they should know the importance of such circumstances. If still there is a serious problem you can take the help of women's cell in your wife's department.

devsingla123
15-01-2010, 12:26 PM
as discussed above, i applied EL from 24-12-2009 without joining duty ( i sent leave from registered post on 14-12-2009 and then again inform them by telegram on 21-12-2009). but today i receive a letter from my department stating that


" you are willfully absent from duty from 24-12-2009.you are directed to

join duly immeditally otherwise dispilanary action will be taken against you "


what should i do know ?

badri mannargudi
15-01-2010, 01:37 PM
as discussed above, i applied EL from 24-12-2009 without joining duty ( i sent leave from registered post on 14-12-2009 and then again inform them by telegram on 21-12-2009). but today i receive a letter from my department stating that


" you are willfully absent from duty from 24-12-2009.you are directed to

join duly immeditally otherwise dispilanary action will be taken against you "


what should i do know ?

My dear friend,
It is advisable to collect the following pieces of evidence;-
(i) Get a Certificate of proof of delivery of the letter sent by Registered Post (Normally Postal Authorities would retain evidence upto six months, but youy 'd better approach them today itself (if you have already got the Acknowledgment, well and good).
(ii) Similarly take a certificate from the department of P and T to show that Telegram was delevered to the addressee.
Enclosing photocopies of these, you may send (self certified) photocopy of the EL Application that was submitted by you with a request that the Application be acted upon if the same remained to be attended.

You please take care to use polite words, you please try to enable the competent authority (who sanctions your Leave) to understand your compulsions. You must request the authority to appreciate the factual position that your child demands constant care.

One thing you must understand is that no kind of leave can be claimed as a matter of right. At the same time, you may, through careful and polite means, achieve your goals (in this case getting your leave sanctioned) without earning displeasure of your Boss.

Through confrontation you may win a case, but in the bargain, you may run the risk of losing the love and affection of your higher authorities. I know it is easier said than done. But still......... you please try.

With regards,
Badri

sa8298
15-01-2010, 03:26 PM
This is a clear case of harassment by the superior authorities. I have just gone through it. The concerned staff nurse might have joined her duty and the dispute would have been settled. This is where we Central Government employees loose our motivation. I have been told that a postal employee was refused leave (1/2 day's C.L.) to go to the nearby town to see his ailing child and the next day the child breathed its lost. The concerned Superintendent of Post Offices refused to grant him C.L. even at that stage till a reliever comes and takes charge. I myself have come across a case again in postal department, that a female employee having duly applied for C.L. and got that sanctioned for performing the rituals of her late father in law on the day of Shardham, (a female employee from a particular commuinity can understand the strenous domestic chores attached to the daughter-in-law of the family) and was called back to office in the afternoon with a threat coating necessary rules that a government employee is bound to attend the calls of urgent nature even on holidays etc. etc.,

You need to have a trade union for handling of this nature, irrespective of politiocal colour. It is high time that the Government and the senior officers learn to get the work done from their employees from the heart where the productivity would not only be doubled but would augment many a times.

svsankar
15-01-2010, 10:11 PM
I would again suggest that your wife send a copy of the letter to be forwarded to her HOO as suggested by mr badri to the secretary women's cell for information and necessary help. this will make your boss more cautious in dealing with your matter.
regards,
svsankar.

pooja sharma
18-06-2013, 11:31 PM
i would like to know that if i am continuning child care leave with maternity leave then hra is deducted or not

Victor
22-07-2013, 11:23 PM
i would like to know that if i am continuning child care leave with maternity leave then hra is deducted or not

HRA is admissible for first 180 days of leave. HRA beyond 180 days of leave (including CCL) is subject to furnishing of necessary certificates.

Clarification issued by MOF vide OM dated 27th Aug 2012 in such cases may be referred at (http://finmin.nic.in/the_ministry/dept_expenditure/notification/hra_cca/HRA_Clarif_onCCL.pdf)

Victor