Facing Health Issues and Unfair Treatment on Deputation: Seeking Legal Advice and Support

Dear Advocates,

I was working with a nationalized bank and was deputed to another government bank, which resulted in my posting to Dehradun, Uttarakhand. As I belong to Karnataka, I started experiencing health issues due to the extreme weather and stress. I applied for leave, some of which were sanctioned, but others were neither sanctioned nor rejected by the central office. Without confirmation, they deducted my salary for those days without any intimation to me. I was also denied my shifting allowance, with the reason being that I was on loss of pay during that period, even though half of the period was sanctioned by them. The very next month, I had to visit three times in the span of 15 days and had to take steroids to continue working. Thereafter, as per the doctor's suggestion, I went for some treatment, for which I again submitted my request for leave, which was once again not answered by the management. I tried to recover from my health issues but could not succeed. I had already submitted my request for a transfer, which was assured by the management, but there was not much progress. Finally, seeing the management's attitude, I returned to my home state and applied for a reversal to my parent organization, which has also not been replied to until today. I have some queries and I want to take legal action against the management. Kindly suggest.

Note: I am working as an Assistant Branch Manager and did not sign any contract to come on deputation except for my willingness to work. I have more than 4 months of leave in my credit after 6 years of working.

Queries:

1) Can medical leave be rejected without stating a proper reason, even after the submission of a doctor's certificate?

2) Can salary be deducted without the intimation of the staff?

3) If a staff member has incurred some expenses to shift his/her luggage to the workplace, can management decline the claim stating that the staff was on loss of pay?

4) If a sufficient number of leaves are available to the staff, can he/she still be made to be on loss of pay?

5) If any staff member wants a reversal from deputation, can he/she be denied?

6) How can deducted salaries be claimed?

Please guide me in this regard. I may be contacted at [Phone Number Removed For Privacy Reasons].

Regards,

The answer to all your queries from 1 to 5 is NO.

Union Representation and Bargaining Power

Point No. 6 - I suggest you get in touch with your affiliated union leader and present your case to the management. This will give you more bargaining power since you will be represented by a union leader from your bank (I presume you must be a member of a union in your parent bank). The bipartite provisions are more updated with union representatives than with outsiders. I am sure they will be able to defend you strongly and get you justice. I also presume that the doctor's certificate mentions that your illness started because of high altitude/weather changes that are detrimental to your health and body. Otherwise, the management can proceed with the termination of an employee on the grounds that he is chronically ill and unfit for duty.

Hope this helps.

In my opinion, apart from approaching your bank's union leaders, as mentioned by one of the contributors above, it is not clear how you were placed on deputation with another bank by your parent bank without exercising an option for such deputation. You mentioned that you "did not sign any contract to come on deputation." Is it necessary to sign a contract before proceeding on deputation according to the rules on the subject?

However, everything will depend on the deputation rules that are applicable in your case and by which your deputation is regulated.

If you wish, it would be better to study the applicable deputation rules and aim to cancel the deputation as soon as possible to return to your parent bank.

I am not familiar with the service, including leave rules, applicable in your case. However, concerning the Central Civil Services Rules (which apply to the staff and employees of the Central Government of India), it is explicitly stated that the sanction or grant of leave is not an inherent right. Therefore, if any leave is not sanctioned by the competent authority, as in your case, the drawing and disbursing officer of your office has the right to stop/withhold salary for the duration of such leave. It is crucial that you thoroughly review the service rules, such as pay and allowances, deputation allowance, leave rules, etc., currently applicable in your situation due to the deputation. Subsequently, submit your representations to the appropriate authority for the sanction of your leaves, Travelling Allowance/shifting charges, and repatriation to your parent bank.

Thank you.

My opinions are:

1. Having accepted and joined duty at Dehradun, it is established that you did agree to the terms of deputation. Though transfer within your company is a matter of official exigencies that cannot be challenged except under special circumstances, deputation to another bank is not a matter of transfer but 'deputation' or lending of your service to another sister concern. Hence, you may have a point, but you didn't have it because you already accepted without an expressive formal contract. I'm sure you were issued a deputation order with details of duty, allowances, etc. At that time, you didn't raise any alarm due to your reasons.

2. Availing leave except on medical/emergency grounds is not a right of an employee. However, since you had health problems, you should have approached through your official 'grievances redressal' system with the support of a medical certificate. I'm not sure whether you did this exercise or not. Suggestions of other experts to take it up through your Union/association are also an option. But I don't hope you'll get your remedy because most of the officers' associations are pro-management, and I don't think yours will be an exception.

3. I know bank managers are working under severe strain; you cannot complain because so are your friends in other sectors. Normally, bank staff/officers are transferred once in three years. How many years have you completed there? Are you due for transfer from there in a normal course? When does your term of deputation end? There is a thumb rule; it's a tendency in most organizations regarding transfer voluntary/request transfers, i.e., if you want a posting in Kerala, you should request a posting in Punjab or HP, then you might be posted either in Coimbatore or in Kerala itself. Like that, your case might also work. But you have no choice because you are a well-known aspirer.

4. Taking a legal course of action would depend on how strong your medical records are. But there is a catch; what if you are declared unfit medically? Come to the worst, you should be prepared to put down your papers. You might win on medical grounds but can be tortured thereafter, driving you to quit. The choice is yours.

Regards.

Indeed, I had gone on deputation knowing that I would be posted to such areas but was unaware of such extreme health issues. I mentioned that I had not signed any contract, and they had just mentioned that deputation is for 3 years, which may be extended as per the need of management. Regarding allowances, it was one scale higher than my present scale. There were no other details available in the deputation order. I had no problem working anywhere in India as I am a bank employee and am liable to be transferred every 3 years. I just wanted to be shifted from Dehradun as it was very difficult for me to maintain good health. I have been denied Sick Leave without any intimation, which I feel is wrongful from the management's side. While giving me a transfer or reversal may be in their hands, when I suffered in that place, at the very least, my salary should be paid. I have enough leave balance to support my absence, and I informed the management regularly about my leaves. Despite this, they emailed me stating that it would be considered as unauthorized absence.

There is no union in the new organization. I am planning to file an RTI to get details. Please guide me in this regard.

Thanks to all for their valuable suggestions.

Indeed, I had accepted the deputation knowing that I would be posted in such areas, but I was unaware of the extreme health issues I would face. I did not sign any contract, and it was only mentioned that the deputation would be for three years, extendable as per management's needs. Regarding allowances, they were one scale higher than my current scale. The deputation order provided no other details. As a bank employee, I am aware of the possibility of being transferred every three years, and I am willing to work anywhere in India. However, due to the challenges my health is facing in Dehradun, I would like to be transferred. I have been denied sick leave without any prior notification, which I believe is unfair on the management's part. While transfers and reversals are at their discretion, during my hardships, I believe my salary should not be withheld. I have sufficient leave balance to cover my absences, and I have consistently informed the management about my leaves, yet I received communication stating my absence would be considered unauthorized.

There is no union in my new organization. I am planning to file an RTI to obtain further details. Please provide guidance in this matter.

Thank you to all for your valuable suggestions.

Understanding the Use of RTI

RTI is useful when any information is withheld from a person, and they want to obtain the desired information. In RTI, you cannot pose questions or make inquiries. For example, you cannot ask why your leave has not been sanctioned by the competent authority, even if you have sufficient leave days in your account.

In my previous remarks in this thread, I have already suggested that you examine the leave rules or other applicable regulations in your case, especially now that you are on deputation, and take appropriate action.

Courts, such as the Central Administrative Tribunals, do not entertain applications on matters that fall within the discretion of authorities, such as transfer postings or leave sanctioning.

Thank you.

Understanding Leave and Deputation Issues in Banking

1. If you have enough leave available, they cannot treat it as unpaid, especially if you have informed them and provided relevant medical certificates.

2. Union refers to the Union of your parent bank, not the new bank where you are on deputation.

3. Willingness to accept deputation might not necessarily need to be in the form of a written contract; mere acceptance of deputation is enough.

4. Obtain a doctor's certificate to certify the health hazard in your present posting so that a transfer request can be justified.

5. Again, I reiterate, contact your Union; they are the best and safest bet under these circumstances.

6. Forget about RTI; do not escalate the matter. Contact the organization above that can provide assistance, unless you have a strained and conflicting relationship with them.

7. With leave to your credit, they cannot deny you leave with a valid medical certificate.

8. Unauthorized leave is when you have no leave balance, or your leave was refused in writing and you choose to proceed on leave regardless, or when your medical certificates have been challenged and proven untenable.

9. A medical certificate can be challenged by the management, but in that case, they have to refer you to a civil surgeon, which, from your post, doesn't seem to be the case until now.

10. However, should you ultimately prefer to confront the management, be prepared for potential victimization justified through the rule book.

Hope this helps.

Regards.

You know better your association, what is their bargaining power, et al. Knowing well, you should carefully choose what you should pursue. Why don't you give it a try, directly approach the person who denied the leave, strike an amicable settlement, try to convince him to withdraw their action of recovery as LOP/re. Your predicament and the harsh punishment handed down to you, compromise on certain issues, give and take; this will save you stress. After all, only another few months, manage somehow. This will cost nothing; you are not going to be dethroned by seeking someone's pardon. Even if you have to submit an apology letter, do it for the sake of saving your job. And part as friends once you complete your tenure on deputation; after all, your performance during deputation is not likely to carry much weightage in your career appraisal. This I'm suggesting on the plea that I strongly feel toeing the confrontation line of action in officers' level may not bear fruits. I think even the Administrative Tribunal is out of bounds for bankers. The only choice is you have to exhaust your Grievance Redressal Process and then take it to court, which is going to be a very long-drawn process. Maybe you should revert back to your parent bank, terminating the Deputation sojourn; send an application to your appropriate authority and try your luck. If possible, try to seek help from some of your well-wishers in 'calling you back' from deputation. So, weigh all options and make a decision.

All the best, pal.