Govt employee no work no pay rule
RAHUL SAXENA
(Querist) 08 March 2019
This query is : Resolved
Hello,
My father is a goverment employee. On 31 Jan all goverment employyes went on collective strike and gave leave application. But govt did not accept application and said "No work No pension" . My father is going to retire on 31 july 2019. will it affect his pension or gratuity?
But on 31 july my father also had a govt duty(in BLO) WHICH HE COMPLETED BUT GAVE application too.
My father is a uttarakhand state govt employee working in irrigation department.
pls guide...
kavksatyanarayana
(Expert) 08 March 2019
It will not affect his pension and gratuity. But your father shall attend duty on 31st July and as BLO also. After office hours over no one can ask him to do duty.
RAHUL SAXENA
(Querist) 08 March 2019
govt aslo deduct salary of one day too for all employees. So what should he do now? should he shows proof that he has completed his duty as BLO on same date? But he already gave leave application and also did the duty on the same day. so duty as BLO will work as a proof? and apploication will b void? w3hat shud he do in this case...sorry for my bad english.
RAHUL SAXENA
(Querist) 09 March 2019
thank you for reply... ru sure it will not impact his gratuity and pension? he is retiring on july 2019. on 2019 he will complete his 32 year of service.
NANDKUMAR B SAWANT
(Expert) 09 March 2019
Sir kindly note that as all govt employees were on strike just check with union of employees as the details they can easily give. But retirement benefits can not be stoped except deduction of said days salary if marked absent.the balance dues can be checked with personnel and establishment dept of said govt.
NANDKUMAR B SAWANT
(Expert) 09 March 2019
Sir kindly note that as all govt employees were on strike just check with union of employees as the details they can easily give. But retirement benefits can not be stoped except deduction of said days salary if marked absent.the balance dues can be checked with personnel and establishment dept of said govt.
RAHUL SAXENA
(Querist) 09 March 2019
Thank U for response .. Actually I read That its called breakage in continuous service and it affects the gratuity and pension too....
So Asked about it...
Isaac Gabriel
(Expert) 09 March 2019
No need for anxiety. It will not affect the terminal benefits.
P. Venu 
(Expert) 09 March 2019
If your father had worked on that day, why did he apply for leave?
RAHUL SAXENA
(Querist) 09 March 2019
P.Venu Sir,
His department union told him to submit leave application so he submit it but he did BLO duty too. My father is a Spervisor in irrigation department. his one day salary(salary of 31 jan ) deducted by govt....its a one day break in continuetion of his service... So I asked.. thanks
RAHUL SAXENA
(Querist) 09 March 2019
Thank you all Experts for opinion... :)
Sudhir Kumar, Advocate
(Expert) 10 March 2019
He did BLO duty because participating in strike on election duty would have landed him in Jail.
Neverthless, he submitted mass CL application and participated in strike. Given facts indicate that he has been let off with cut in pay only. That day will in due course not count towards pension and gratuity and if shortage of one day of paid service reduces his completed half year (or larger fraction) then his pension and gratuity will be less (unless he has already completed 33 year of paid and regular service).
Sudhir Kumar, Advocate
(Expert) 10 March 2019
Notwithstanding above.
You need to check facts from your father.
This day has been treated as unauathroised absence as appearing from facts given by you. If this is without break in service then OK.
If there is break in service as well then take it that pension and gratuity are going to be ZERO.
Dr J C Vashista
(Expert) 11 March 2019
I fully agree with expert Mr. Sudhir Kumar, the department has the right to deduct pay for the day when your father did not work and attended "unauthorised" strike, consequently all those who joined the strike their leave applications were rejected.
The pay deduction is "break in-service" which shall have affect on terminal benefits throughout life.
