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Tuesday, February 07, 2017

Rejection of leave on medical ground without any reason and withholding of pay and allowances

Copy of letter issued by Supdt. of Post Offices, Vadakara Division (Additional charge) vide No. BR-40 dated 18.01.2017 regarding rejection of medical leave.


To
Shri P. R. Nair,
Steno to SPOs,
Vadakara Division.

Sub.: Grant of leave – C/o Shri P.R. Nair, Steno to SPOs, Vadakara Division.
Ref.: Your leave application dated 17.01.2017 received through MTS, Divisional Office, Vadakara.

            Commuted leave on MC applied for 32 days from 17.01.2017 to 17.02.2017 vide your leave application dated 17.01.2017 received through MTS, is not granted.  You are hereby directed to rejoin duty immediately.

                                                                        Sd/- Supdt. of Post office, Vadakara division.
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Received a show-cause notice from SPOs Vadakara vide No.BR-40 dated 07.02.2017 on today i.e. 08.02.2017:Copy of show cause is given below:

"Shri P. Radhamohan Nair, Steno to SPOs, Vadakara Division, is hereby informed that he having unauthorisedly absented from duty from 17.01.2017 to 05.02.2017, it is proposed to treat the said period of absence as "dies-non" under Rule 62 of Postal Manual Vol.VIII without prejudice to such other action as might be deemed fit.  Shri P. Radhamohan Nair, is hereby given an opportunity to show cause as to why the said period of absence should not be treated as "Dies-non" under Rule 62 of P&T Manual Vol.III.  Any representation in this regard shall be submitted in writing so as to reach the undersigned within a period of seven days of receipt of this notice.  In case no representation is received within the prescribed period, it will be presumed that he has no representation to make and orders will be liable to be passed against him ex-parte".
Sd/- K. Sukumaran, Supdt. of POs, Vadakara Division. (Kerala Circle)
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Letter issued by K. Sukumaran, SPOs, Vadakara division which was received by me on 10.02.2017, though I joined duty on 06.02.2017.

No.BR-40                                                         dated 31.01.2017/02.02.2017.

Sub: Grant of leave, C/o Shri P. Radhamohan Nair, Steno to SPOs, Vadakara Division
Ref: 1. This office letter dated 18.01.2017
        2. Your letter dated 23.01.2017.

        Please refer to the letters mentioned above.  Vide letter mentioned at Sl.1 you were directed to rejoin duty as you have absented from duty w.e.f. 17.01.2017.  Instead of rejoining duty as directed, you have submitted a representation explaining your ailments.  You are not supposed to absent from duty at any ground unless proper relief is permitted.  You are hereby directed to rejoin duty forthwith, failing which disciplinary action will be initiated against you.
Sd/- K. Sukumaran, Supdt. of Post Offices, Vadakara Division-673 101.
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Date: 10.02.2017:

A representation was submitted to the Postmaster General, Northern Region, Calicut on 07.02.2017 in connection with withholding of my pay and allowances.  As per the strict instructions of the PMG, Calicut to the SPOs Vadakara,  withheld pay and allowances has been released by him vide SPOs Vadakara email dated 10.02.2017 addressed to the Postmaster, Vadakara HPO.

In this regard I express my profound regards to the Postmaster General, Northern Region, Calicut and special sincere thanks to AIPSA team of Kerala Circle.
                                                                         P.R. Nair, Steno to SPOs, Vadakara division.
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Today (14.02.2017): Given reply to the show-cause notice dated 07.02.2017, as follows:-


From:     P. Radhamohan Nair,
                Stenographer (Grade-I) to Superintendent of POs,
                Vadakara Division,
                Vadakara-673 101.

To:          Superintendent of Post Offices,
                Vadakara Division,
                Vadakara-673 101.

                
Sub.: Show-cause notice – Reply - Regarding
                Ref.: SP Vadakara memo No.BR-40 dated 07.02.2017.
                                      -----------------------------------
 Sir,

                I have received the letter under reference containing show cause notice on 08.02.2017.  I want to submit the following facts for consideration before taking a decision on the subject.

1.         I am working in the Department of Posts-India as Stenographer since 11.01.1983.  I have completed 34 years of service.  During the period, I did my office work with the entire satisfaction of my superiors.  I got many appreciation lettes from the DPS and SPOs for my good and sincere  work.  This is the first time in my service I receive such a show cause notice.              

2.        During the period from 17.01.2017 to 03.02.2017 I was actually sick and the details of which has already been communicated to the SPOs, Vadakara vide my letter dated 23.01.2017 (Registered post).  I am a LEFT ICA THROMBOSIS  and Hypertension (High blood pressure) patient and the treatment is continuing at Baby Memorial Hospital, Calicut.  Recently I met with an accident and fractured my left wrist bone of which ayurveda treatment is also continuing. 

3.        On 16th January 2017, I had submitted a day’s casual leave application for 17.01.2017 with permission to leave HQ.  I had also informed about the leave to the ASP (HQ) and OA of Staff-I branch of Divisional Office on the same day itself. On same day I tried to contact the Superintendent, at Kannur but his office phone was busy

4.        Due to acute pain and swelling in my right leg knee and ankle, I consulted a Doctor at Government Ayurveda Hospital, Calicut on 17.01.2017.  After examination, the Doctor had advised me to take rest for 21 days from 17.01.2017 onwards including ayurveda medicines.  Accordingly, I had submitted SR-1 leave application on medical grounds through the MTS of the office on 18.01.2017, which was acknowledged vide SPOs Vadakara letter No.BR-40 dated 18.01.2017.

5.        On 18.01.2017, when the Superintendent came to divisional office, Vadakara, I had called  SPOs on his mobile phone at 1543 hours and requested to grant leave on medical grounds.  But SPOs denied to hear my request and told me that “Ningaludey varthamanam enikku kelkenda” and disconnected the phone call by SPOs.

6.        On 23.01.2017, I had received a letter from SPOs, Vadakara Division (by registered post) vide  letter No.BR-40 dated 18.01.2017 informing that the commuted leave on MC vide my leave application dated 17.01.2017 was not granted.  A reply in this regard was also sent to SPOs, Vadakara depicting my illness and continuing treatment vide my letter dated 23.01.2017.

7.        It is not correct that I am unauthorised absented from duty from 17.01.2017 to 05.02.2017 as mentioned in the show-cause notice dated 07.02.2017.  As per SPOs, Vadakara letter dated 18.01.2017, it was clearly mentioned that my SR-1 application dated 17.01.2017 for commuted leave on MC from 17.01.2017 onwards was received in the divisional office, Vadakara through MTS.  Thus, it is evident that I had availed the medical leave after timely submission of leave applications to the office.

8.        As per the show cause notice of SPOs Vadakara division No.BR-40 dated 07.02.2017 it was mentioned that “it is proposed to treat the said period of absence as “dies-non” under Rule 62 of Postal Manual Volume-III.  An extract of Rule-62 of Postal Manual Volume-III is given below:

“Absence without permission:
Rule-62. Absence of officials from duty without proper permission or when on duty in office, they have left the office without proper permission or while in the office, they refused to perform the duties assigned to them is subversive of discipline. In cases of such absence from work, the leave sanctioning authority may order that the days on which work is not performed be treated as dies non, i.e. they will neither count as service nor be construed as break in service. This will be without prejudice to any other action that the competent authorities might take against the persons resorting to such practices.”

In this regard, I would like to mention that on 16th January 2017, I had submitted a day’s casual leave application for 17.01.2017 with permission to leave HQ.  I had also informed about the leave to the ASP (HQ) and OA of Staff-I branch of Divisional Office on the same day itself.  Moreover on 18th January 2017, I had submitted SR-1 leave application on medical grounds through the MTS of the office, which was acknowledged vide SPOs Vadakara letter No.BR-40 dated 18.01.2017. Thus, it is clear that I had taken prior written permission to avail one day’s casual leave and further leave on medical grounds.  I had also contacted Superintendent of Post Offices on 18.01.2017, but the SPOs refused to hear my request. Therefore, the allegation of unauthorised absented from duty from 17.01.2017 on wards is not correct.

9.        Photocopy of the O.P. ticket of Government Ayurveda Hospital, West Hill, Calicut for the period from 17.01.2017 is enclosed herewith for perusal.   

However, I am sincerely regretting for lapses if any occurred on my part and inconvenience if any caused to the administration in this regard.  I am always loyal to the Department and will continue to do so.

In the light of the reasons furnished above, it is requested to sanction the leave on medical grounds for the period from 17.01.2017 to 03.02.2017 and to drop the proposal of treating the period unauthorisedly absent and enforcing dies-non. 

Thanking you,
Yours faithfully,
Vadakara,
14.02.2017.
(P. Radhamohan Nair)
Stenographer (Grade-I)
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 IMPORTANT RULINGS OF DOP REGARDING "DIES-NON"
23. What are all the circumstances under which, the Dies non can be awarded?
          The day can be marked as ‘Dies non’ only under the following three circumstances.
i)             When the official remains absent from duty without prior information.
ii)            When on duty in office, the official leaves the office without proper permission ; and
iii)           The official remains in office, but refuses to perform duty assigned to him
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22.02.2017:=                  LATEST AND FINAL NEWS               :

ACTION REGARDING IMPOSING OF DIES-NON HAS BEEN DROPPED BY THE SUPDT. AND SANCTIONED  MEDICAL LEAVE FROM 17.01.2017 TO 03.02.2017.
*****               JAI AIPSA_______________________**********  

23.02.2017:  NEW SP SMT. B. SUDHA ASSUMED THE CHARGE OF SPOS, VADAKARA DIVISION IN THE FORENOON OF 23.02.2017.

Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972.

Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972.

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Copy of letter issued by Supdt. of Post Offices, Vadakara Division (Additional charge) vide No. BR-40 dated 18.01.2017 regarding grant of medical leave.

Copy of letter issued by Supdt. of Post Offices, Vadakara Division (Additional charge) vide No. BR-40 dated 18.01.2017 regarding grant of medical leave.



To

Shri P. R. Nair,
Steno to SPOs,
Vadakara Division.

Sub.: Grant of leave – C/o Shri P.R. Nair, Steno to SPOs, Vadakara Division.
Ref.: Your leave application dated 17.01.2017 received through MTS, Divisional Office, Vadakara.

            Commuted leave on MC applied for 32 days from 17.01.2017 to 17.02.2017 vide your leave application dated 17.01.2017 received through MTS, is not granted.  You are hereby directed to rejoin duty immediately.

                                                                        Sd/- Supdt. of Post office, Vadakara division.
  ---------------------------------------------------------------------------------------------------------------------------------


Note:-



I had applied for one day casual leave on 16.01.2017 with permission to leave HQ and submitted the CL application on 15.01.2017 to the office.   On 17.01.2017, leave application (SR-1) for taking leave on medical ground (medical certificate issued by the Government Doctor), had been given to the MTS of the office for handing over to the ASP (HQ). SPOs, Vadakara rejected my application and issued a letter as mentioned above.  My salary for the period has also been blocked.



Kindly clarify that the above actions taken by the SPOs, Vadakara division are correct or not ?  Please forward your comments.



P.R. Nair, Stenographer.