Model Representation – 67
One official was ordered to join the new station on oral instructions but not allowed the unjoining time in his EL account. He represented but rejected on the plea that it was not recorded in the transfer order itself.
Sub: Request for Credit of Unavailed Joining Time - Transfer from PA, ……….to SPM, ………
Most respectfully, I wish to bring the following matter to your kind attention and seek your favorable orders.
I was transferred from Postal Assistant (PA) in ……… to Sub Postmaster (SPM) in ……. in the interest of service, subsequent to completing my tenure. In compliance with immediate joining orders, I proceeded to my new station and joined duty without availing the entitled transit time.
Subsequently, I requested the Superintendent of Post Offices ………… to credit my unavailed joining time as Earned Leave (EL) under Rule 6(1) of the Central Civil Services (Joining Time) Rules, 1979. Despite repeated reminders, I received a reply dated …………, stating no EL would be credited.
Aggrieved by this decision, I appealed to the DPS…… region. To my dismay, I was informed by the SPOs, ………… via communication dated ……….., that my appeal was rejected. The reason cited was an interpretation of "Rule 26(1)(a)(ii) of CCS Leave Rules, 1972 and Rule 6(1) of CCS Joining Time) Rules, when a Government servant joins a new post without availing full joining time by reasons that ‘he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled to."
With due respect, this interpretation appears inconsistent with the explicit wording of Rule 6(1)(a) of the CCS (Joining Time) Rules, 1979. This rule clearly states entitlement for EL credit when a government servant is "ordered to join the new post at a new place of posting without availing of full Joining time admissible." My situation precisely aligns with this provision.
For your kind reconsideration, I reiterate the exact provision of the relevant rule:
Unavailed Joining time credited to EL account.- (Rule 6(1), GIO 5) If the entire Joining time admissible is not availed by a Government servant, (a) when he is ordered to join the new post at a new place of posting without availing of full Joining time admissible; or (b) when he proceeds alone to the new place of posting and joins the post without availing full Joining time and takes his family later within the permissible period of time for claiming travelling allowance for the family; the period of unavailed Joining time (i.e., number of days admissible less number of days actually availed and subject to a maximum of 15 days) will be credited to EL account, subject to the condition that the total of EL already at credit plus the credit for unavailed Joining time does not exceed 300 days. Unavailed Joining time admissible for local transfers, i.e., one day, will not, however, be credited to EL account.
The language of Rule 6(1)(a) is clear and unambiguous, unequivocally supporting my entitlement to the credit of unavailed joining time. The rejection of my claim, therefore, appears contrary to the explicit provisions of these rules and a denial of a legitimate right.
In light of the foregoing, I earnestly request your kind intervention to issue appropriate instructions for the credit of my unavailed joining time as Earned Leave. Granting this rightful claim would be an act of justice.
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