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SMy mother was a teacher in government school in Jammu and Kashmir. She was diagnosed with stage 4 cancer and passed away few months back after battling for around 5 years.
She had availed all her commute leaves that were accumulated during her 27 years of service for her treatment. Her paid leaves were over and after that she took leave of more than 7 month leave. The continuous leave was never even 1 year at a single stretch.
Some of the relevant provisions of **J & K Civil Service Regulations, 1956,** which are relevant to deal with the controversy in hand, are below
1. **Article 160-Leave on medical certificate**: Leave on medical certificate may be granted for three years in all but not for more than 2 years at one time, and no officer can have leave on medical certificate out of India more than twice.
2. **Article 164-A- Leave allowance to government servants suffering from T.B and Cancer**- **(a)** A govt. servant holding a permanent or temporary post will, when suffering from T.B or Cancer, be entitled to leave allowances equal to his salary/presumptive pay for such period for which such leave is admissible on medical certificate under these regulations.I have submitted the application along with the photocopy of these rules and all the medical documents to the Principal of the school to release her pending salary, but the clerk and Principal are saying that they are not aware of this rule and not sure in which category should they add that leave.
They even forwarded the application to Director of School Education department, and they replied: **proceed as per the leave rules,** and did not give a clear reply.
But the school is not taking any action on my application. First time the applications was submitted by my mother on Jan 2024, then I submitted the application after she passed away on September as well, but no action has been taken by them till now.
What can I do now? I was thinking of doing a court case in the High Court, but the lawyer will take around 2 lakh in fees only out of 5-6 lakh salary along with the pain of attending the hearings and visiting the lawyer multiple times, both of which are in a different city.
Is there anything else that can be done from our side to expedite the process?
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ALawyer here.
File an RTI. Use the message as evidence on govt redressal portal (your state must have).
Write to superiors.
Last should be legal notice and court case
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SAn RTI was filed to get to know if there will be any special kind of leaves that my mother could avail, based on which we got to know about those rules.
I have filed a greivance today at CPGRAMS portal as mentioned by other person int he comments.
Writing to superiors will not help. My application, which was forwarded to Directorate of Education Department, was held there for more than 4 months, and after a repeated follow up and approach by some known people, they replied to proceed as per leave rules.
I think if the grievance response will not be proper, I will have to go for legal notice and court case approach.
Thank you
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QLawyer here.
– File a Complaint on CPGRAMS Portal (https://pgportal.gov.in/);
– Failing which, send in a Legal Notice;
– Failing which, file a Writ Petition in the J&K Ladakh High Court seeking a direction for release of Salary Arrears.
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SThank you. I have submitted the complaint on CPGRAMS portal, and thank you for sharing the link of that website too. I’ll wait for this and see how it goes, based on which I will take the necessary next steps.
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