• Leave for Assistant Professor

Hi I have joined a govt university in Punjab as assistant professor and took extraordinary leave(without pay) for four months. Can I extend this extraordinary leave? What could happen If donot return to duty on completion of four months?
Asked 11 days ago in Labour

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6 Answers

If an assistant professor of a university does not return to duty after their extra ordinary leave, they may be liable to disciplinary action and may not receive leave salary for the period of their absence. The period of absence may be debited against their leave account as if it were half pay leave. The period of absence that is in excess of the leave due may be treated as extra-ordinary leave.

T Kalaiselvan
Advocate, Vellore
86825 Answers
2325 Consultations

No teacher who has been granted study leave shall be permitted to alter substantially the course of study or the programme of research without the permission of the Executive council/Syndicate' ln the event of the course of study falls short of study leave sanctioned, the teacher shall resume duty on the conclusion of the course of study unless the previous approval of the Executive Council  Syndicate to treat the period of short-fall as Extra-Ordinary leave has been obtained.

lf a teacher asks for extension of study leave and is not granted the extension but does not rejoin duty on the expiry of the leave originally sanctioned, s/he shall be deemed to have failed to rejoin the service on the expiry of her/his leave for the purpose of recovery of dues under these guidelines.
Notwithstanding the above, the Executive Council i Syndicate may order that nothing in these guidelines shall apply to a teacher who, within three years of return to duty from study leave is permitted to retire from service on medical grounds, provided further that the Executive Council/Syndicate may, in any other exceptional case, waive or reduce, for reasons to be recorded, the amount refundable by a teacher under these guidelines.

You can express your willingness to rejoin and seek permission to cancel or withdraw the resignation which will be decided by the syndicate.

T Kalaiselvan
Advocate, Vellore
86825 Answers
2325 Consultations

You can apply for extension of extraordinary leave 

 

The leave shall not ordinarily exceed one year at a time.

if you do not return disciplinary action can be taken against you as per rules 

Ajay Sethi
Advocate, Mumbai
96623 Answers
7788 Consultations

 

You are at liberty to withdraw your resignation letter before it is accepted 

Ajay Sethi
Advocate, Mumbai
96623 Answers
7788 Consultations

Dear Client,

In the Present Instance, you have joined in a Government University, in Punjab, as an Assistant Professor, and took an extraordinary leave without pay, for four months. This was taken for the purpose of completing your research project in UK. Additionally, you asked for a 6 month leave extension for your research project or accept your resignation if they cannot grant you leave. Subsequently, on December 6, 2023, the University directed you to submit one month salary, to process the resignation acceptance further. Your query here is whether you can withdraw your resignation if you have not submitted the one-month pay yet. Herein, firstly, it is suggested that you look into the University's rules on taking extraordinary leave, and how long the same can be extended. Further, you can apply for the extension of leave formally, by providing the necessary documentation for the same. However, not returning to the University, either without paying one-month fee for resignation or without an approved extension, may result in being treated as unauthorised and may lead to an automatic resignation from the job. If you wish to withdraw your request, it is recommended that the same is done through a formal request to the university.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10057 Answers
119 Consultations

- As per law, EOL can be extended for 24 months if taken for education purpose , however this depend upon the approval of the university. 

- Further, if you will not return after the completion of  4 months EOL, then the university can initiate disciplinary action, including termination of your employment.

- Further, your service record may be negatively affected, which could influence future promotions or evaluations.

- Further, if the notice period is one month , then either you will have to pay the said notice period or work for that period. 

- Yes, resignation can be withdrawn. 

Mohammed Shahzad
Advocate, Delhi
14357 Answers
220 Consultations

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