Denied rightful benefits apart from salary by higher management
DHRITY BORAH
(Querist) 24 July 2014
This query is : Resolved
sir/madam,
I need to know my rights and required steps on the below mentioned problems of my colleague.
1. Joined PSU Bank on 20th july 2012 in assam and applied for home leave fare concession on 5th june 2013 to travel home on 20th july 2013. As he didn't get a single reply on acceptance or rejection till travel date so left for home. again applied for reimbursement on 17th march 2014 but was informed over phone on 23th july 2014 that the reimbursement is not possible since it was not approved earliar.
2.As an officer from outside north east region is eligible for both HRA and lease accommodation, an agreement is simple paper was made in bank's format on 1st sep 2013. this was adviced by higher authority and a mail of approved scanned copy of then CRM was sent for reference. But in june 2014 it was informed that it should be in stamp paper. when the same was sent, the official denied to accept a notary done agreement and asked for another new format in stamp. they even denied to pay from September 2013, i.e., when the agreement with landlord was made.
please legal experts advice us.
Raj Kumar Makkad
(Expert) 24 July 2014
Serve notice and then agitate the issue in CAT.
DHRITY BORAH
(Querist) 24 July 2014
sir, kindly explain the process as I am ignorant of the legal terms and processes
Devajyoti Barman
(Expert) 25 July 2014
Engage an advocate. You would not understand clearly the procedure through online post.
You have to knock the door of Central Administrative Tribunal for the relief sough for by you.
malipeddi jaggarao
(Expert) 25 July 2014
Problem is not yours. It is of your colleague.
All the Officers PSBs are governed individual bank's service regulations. Ofcourse for all banks they are more or less same.
Reg.Problem 1:
The eligibility of LFC facility is as per the service regulations of the bank. It is mandatory that one should get the prior sanction to proceed on LFC. If the sanction does not come in time, the Officer has no option except to follow-up for quick sanction or at least get oral permission from his next higher authority. Proceeding on LFC without sanction and claiming the same not only inviting risk of non-reimbursement, but also risk of initiation of disciplinary proceedings.
2. Regarding leased accommodation, when you have approval of the then CRM, the Bank has to reimburse you with retrospective date. Execution on stamp duty paper is a legal formality and on this ground it can not be denied.
I could visualse looking into the queries, your colleague is not getting along with his superiors. Hence these hurdles. What your Officers Association people are doing? Simply collecting monthly contribution and keeping quiet? As far as No.2 query is concerned, they should represent the matter to the concerned authorities and get the reimbursement without any delay. As regards No.1 also they can prevail over the management since the Officer is new, and working in the North Eastern State, proceeded on LFC expecting the sanction which should be exonerated and his claim should be settled. Rise your voice before these hafta-collectors.
Your colleague can even represent these points to his higher auhorities in a submissive way and get his work done instead fighting with the Bank in the initial years of service.
P. Venu
(Expert) 25 July 2014
Rightly advised by Expert Mr.Jagaarao. There are still non-judicial modes open.
Any how, Central Administrative Tribunal has no jurisdiction over the service matters in the PSU Banks.
Raj Kumar Makkad
(Expert) 25 July 2014
Bank administration should also be knocked prior to moving in the Court.
ajay sethi
(Expert) 25 July 2014
agree with Mr malipeddi
Rajendra K Goyal
(Expert) 25 July 2014
Well advised by the expert malipeddi jaggarao ji.
Since the HTC was not sanctioned by the competent authority, your claim is rightly rejected. You can represent humbly to the sanctioning authority to provide post facto sanction in view of the facts mentioned by you.
Guest
(Expert) 25 July 2014
1) Prior approval of mode/journey is a must. However, you may request the management for sanction ex-post facto in special case, yourselg being ignorant about the provisions and this being your first case.
2) Date and language of approval of competent authority is relevant in the case. However, suitable advice can be possible only on examination of the related documents by any expert.
DHRITY BORAH
(Querist) 25 July 2014
I thank everyone out here for your time and expert comments. I would like to say here that my colleague has tried to follow up the matter in all his possible ways. And for the LFC he has taken proper leave sanctioned by his branch manager and left home with his due permission.
In the second matter I think I am not successful in explaining it correctly. He when asked for the format for lease agreement, was given CRM's approved copy. He made as it was. Then after 9 months was adviced for stamp paper and was given another officers copy. My colleague again made 1 like that. but it was rejected again. Now another officer's copy is given to him to correct.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
As observed by expert Mr.Malipeddi Jagga Rao, this tortures in the name of red tapism following the accurate procedures meant for the purpose is a reason for escape of to intentionally harass the the un-liked colleague by the co-staff. The staff may approach the Officers Association to intervene.
Raj Kumar Makkad
(Expert) 27 July 2014
It seems his higher ups are of confused mentality holders who even do not know the meaning of lease-agreement and every time going on changing the formats for the reasons best known to them.
DHRITY BORAH
(Querist) 09 September 2014
sir/madam, can anyone suggest me the legal procedure to take the matter to court. under which act will the matter mentioned above be governed?
Raj Kumar Makkad
(Expert) 11 September 2014
You have already been advised to engage a lawyer doing practice in CAT who shall prepare your case as per the facts of the case.
P. Venu
(Expert) 12 September 2014
CAT has no jurisdiction to entertain grievances in respect of PSU Banks.
malipeddi jaggarao
(Expert) 12 September 2014
Yes, CAT does not have any jurisdiction over PSU Banks.
DHRITY BORAH
(Querist) 12 September 2014
if CAT doesn't cover psb then how can a banker knock the door of a court in need??
there must b a way to protect a banker's right as a employee too
P. Venu
(Expert) 13 September 2014
Since it is a PSU bank, you can approach the High Court.
