|Discretionary Power to Disapproval of Annual Leave of Civil Servant|
According to Article 7(4) of Civil Service Commission Rule on Salary Promotion B.E. 2544 (2001) and Articles 24, 26, 27 and 28 of Regulation on Civil Servant Leave B.E. 2535 (1992), an official is entitled to annual leave; however, the superior has discretionary power to reject the request of annual leave of the official or summon
the official back to duty where there is necessary or urgent situation and such leave may cause detriment to government service. In addition, the official has the duty to submit the note of leave to the superior and shall be granted the permission before taking the leave. The Plaintiff took the day off without the leave approval and did not show up on 9th-12th April 2001 even though the superior notified that the annual leave was rejected and demanded the Plaintiff to be on duty due to lack of manpower. It was deemed that the Plaintiff was unreasonably absent and was not qualified to salary increase promotion pursuant to Article 7(4) of Civil Service Commission Rule on Salary Promotion B.E. 2544 (2001). The order of the Defendant No.1 for not granting annual salary increase to the Plaintiff was lawful.