Paid Advise

Leave for educational purpose

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Service & Labour

Reading Time:

I am working in a public sector bank and want leave for educational purpose. I am pursuing a course in distance education mode. The examination is going to conduct very soon. A date has fixed. I want leave for appearing in the examination. Can I claim the leave as a right? Can I move legally if bank management is not permitting leave?

Question from: Kerala (Service Matters)

You want a leave for the specific purpose i.e. leave for appearing in the examination. Such a leave is not a matter of right; the employer can refuse to grant special leave on the ground of administrative exigencies. In State of Punjab v. Dr. Sanjay Kumar Bansal, (2009) 15 SCC 168; the Supreme Court held that special leave is not a matter of right vested in the employee. It depends on the administrative exigencies.

When you apply for the leave the concerned authority must take fair and reasonable decision. He should consider your application in respect of these facts and circumstances:

  • Contingencies which may arise in the course of administration.
  • The services of an employee may be required in a given case on more emergent basis vis-à-vis other employees.
  • The services rendered by an employee, his seniority, the nature of work which he is required to do, his responsibilities, etc.

While refusing the leave the concerned authority must satisfy his decision on the basis of fairness and administrative exigencies. If he discriminates or took arbitrary decision, then you can challenge the order of refusal.

You can file a mandamus writ

The public sector bank also comes under the meaning of State as defined by Article 12 of the constitution of India. So, you can prefer an writ of mandamus before the High Court and challenge the legality of refusal order.

Don’t absent without taking a leave

If you remain absent without taking a leave, then it will constitute a grave misconduct. The concerned authority can issue a show cause notice. To avoid any further trouble, you should take a proper leave. Moreover, you have a genuine cause for the leave; hence, you’ll get it easily.

Each employee has the right to enrich his skill by doing advance or professional courses. You are doing a distance learning course for the advancing of your professional skill. This is a genuine cause and unless there is extreme administrative exigency the concerned authority should not refuse to grant leave.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

No EPF contribution by startup

Question: No EPF contribution by startup. I switched job in 2018 from a MNC to a startup with 20+ employees. The startup is not contributing to the EPF. At the time of joining they said I could opt out (basic salary 15k+) of it and I agreed and completed the...

Can departmental inquiry proceed against me for bigamy?

Question: I have solemnised a second marriage in the subsistence of the first. It was because I have no children from the first marriage. Second marriage is prohibited in Hindus so I am afraid that the departmental inquiry may proceed against me for the bigamy.  My...

Reinstatement after the acquittal in a criminal case

Question: I want to know whether reinstatement after the acquittal in a criminal case is possible. Some imported clothings was seized during the search operation. Those goods were kept in the godown operating under the control of the state government. After a few days...

Departmental inquiry can be initiated after FIR

Question: Departmental inquiry has been initiated against me after the recording of FIR. That FIR is false and frivolous because it is very much influenced by the political vendetta. Since I am a General Manager (Project) and have issued several contracts to the...

Order of dismissal without giving any reason

Question: I have been dismissed on the oral complaint but nowhere that complaint is mentioned in the dismissal order. That order of dismissal was passed without giving any reason. The departmental inquiry is initiated without recording formal complaint and information...

Reduction of age criteria in bank examination

Question: Sir, recently the State Bank of India released notification for clerical posts. Till now for the age criteria the reference month is April, but this time without prior notice they've changed it to August. This will make many candidates who are born prior to...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54