Under the present Covid crisis and your medical conditions, you are entitle to leave from office as long as it is necessary. But that will be without pay leave.  No adverse consequences will be faced by you. 

Dear Sir/Ma'am, 

There will not be any prejudicial action taken against you. you are allowed to be on leave but the same will be without pay.

Thank you

• For further assistance, you can book a consultation with me. 
•  

Being central govt employee, you must be knowing the medical letter of competent doctor. 

You can extend to the limit of doctor recommendation.

Just sent the doctor recommendation to your dept for further permission. 

Note - Even if by any chance your dept still takes any action then you can get sure shot relief from HC. So dont worry. 

Make an application for e tension of leave 

2) mention that you are stuck in Australia and unable to travel on account of flights been banned between 2 countries 

3) on resumption of flights you shall return to India 

4) you would not lose your job as it is due to reasons beyond your control 

You would not be dismissed from service 

submit all the documents for extension of leave 

Dear Sir/Ma'am, 

1. enclose medical certificate and in your leave application mention that since flights are not plying you are on leave. Also mention, you will join work as soon as flights resume to India.

2. The situation at hand is beyond anybody's control, thus you will not be dismissed. 

Thank You

• For further assistance, you can book a consultation with me.

The laws that is applicable to doctor are local law. Australian doctor will not give you any certificate  in the format required in India. He needs to follow Australian practice and a certificate  given in Australian is as valid as it is given in India.

You can avail extra ordinary leave upto 6 months as per Rule 32(2)(b) of leave rules which states as under:

(2) Unless the President in view of the exceptional circumstances of the case otherwise determines, no Government servant, who is not in permanent employ or quasi-permanent employ, shall be granted extraordinary leave on any one occasion in excess of the following limits:-

(a) three months;

(b) six months where the Government servant has completed one year continuous service on the date of expiry of leave of the kind due and admissible under these rules, including three months’ extraordinary leave under Clause (a) and his request for such leave is supported by a medical certificate as required by these rules;

If you have sent a communication to your department attaching necessary certificates explaining your unavoidable circumstances to return to duty after expiration of the sanctioned leave, you my wait for their reply after which you can plan to resort to legal action if necessary. 

The pandemic issue is a  universal fact which is known to everyone across the globe, hence your application to extend your leave upto such a reasonable period to enable you to return to duty on completion of the current pandemic situation may be considered on humanitarian grounds by the department, if they reject then you may resort to legal action by approaching CAT for relief and remedy.

1. If you cross the maximum limit  prescribed for staying absent without sanctioned leave, your such absence  shall be considered as LWA (Leave without Allowance).

2. However, you shall have to inform your office about your inability to join on stated grounds which are beyond your control.  

The medical certificate issued b y the doctor at Australia has to be authenticated either by an official of the Indian embassy or apostille and notarised before sending it to the authorities concerned in India.

The authenticated document may serve you dual purpose i.e., it may draw a  humanitarian consideration by the department concerned to extend your leave, or if the reject  your application, then it my serve as a documentary evidence to the proposed legal  action that you may intend to initiate thereafter. 

EoL cannot be extended but this is an extraordinary situation in the form of a pandemic and Australia has put curbs on the citizens and non citizens both wrt travel.

Therefore the government has to grant an extension.

1. If you submit the medical document evidencing that you are unable to travel back to India on medical ground, then your employer might consider your absence for some reasonable time.

2. However, you shall not be kept in the master roll eternally despite staying absent. 

When there is no way to come back the government cannot take any illegal action as the doctrine of impossibility governs contracts.

When there is no way to come back the government cannot take any illegal action as the doctrine of impossibility governs contracts.

When there is no way to come back the government cannot take any illegal action as the doctrine of impossibility governs contracts.

When there is no way to come back the government cannot take any illegal action as the doctrine of impossibility governs contracts.

The format of a particular country is acceptable.

1. Collect the medical certificate in their own format but the certificate should state that you re not medically fit to travel back to India.

2. You can also get the said certificate attested by the loacal Indian Consulate.

-  A Government employee shall not be granted a leave of any kind for a continuous period exceeding five years.

- Commuted Leave not exceeding half the amount of half-pay leave due can be taken on the medical certificate. 

- Further, full pay is admissible for the first 120 days and half pay thereafter. 

- Since you stuck there due to Covid-19 and medical reasons , then you should mail the proof of medical for extending the leave , and they cannot take any legal action against you .

- You can take a medical prescription from doctor there , and if possible attested it from consulate of India there . 

Australian doctor will certainly not give you any certificate in Indian format other than their own format.
Only private doctors give in other countries format.
But Australia certificate is as valid as India certificate.

However for double safety you get it notarized by Indian embassy.
It will be handy in worst case scenario if you have to knock at court.

1. Covid-19 is a force majeure, this has been held by the courts.

2. The department must extend the leave till as long as you are unable to return to India. No adverse consequences can be fastened to you, but you must return as soon as you are able to return to India.

3. The report of doctor must be sent along with the letter to department.

Ask doctor to sign in medical form of department 

if he refuses obtain certificate in his format