Medical leave for spine surgery for self financing college assistant professor in kerala
1 Answer
Dear Client,
Your issue is a problem of leave and service condition, arising from a sudden medical emergency. If you are a teacher in a private college, the answer will depend on the service rules that apply to your institution. The general rules require that the teacher should not be absent without prior permission and if the absence is on medical grounds, a medical certificate to the satisfaction of the college authorities are to be produced. If your college follows the UGC leave rules for teachers, the position is more favourable to you as it recognises half pay leave of 20 days per year of service for a permanent teacher, commuted leave on medical certificate, extraordinary leave as leave without pay and allowance and the leave not due at the discretion of the Vice Chancellor. Hence, the management cannot act arbitrarily but the competent authority can still sanction leave based on the applicable rules and academic needs. Considering the factual scenario, you have a fair basis to ask for reconsideration because leave should normally be linked to the actual medical incapacity period, not automatically stretched unless the rules or the institution’s academic calendar justify it.
The practical course of action will be to submit a fresh representation stating the situation and your reliefs. Ask them for a written order with reasons of their refusal or recommendation. Also, check the leave rules that apply to your institution and escalate the matter internally first. If it is still refused and the decision seems arbitrary, challenge it with a legal notice. If that also does not bring in results, file a writ petition before the High Court, for arbitrary and unfair denial of leave. I hope this helps. If you have any further queries, please feel free to reach out.