Payment of gratuity
amit kumar singh
(Querist) 19 June 2015
This query is : Resolved
Dear Sir,
I was a short service commissioned officer of Indian Army released from service in October 2014 to join Reserve bank of India after serving in Army for Seven years and one month. I completed first five years till 2012 and was on extension for another five year i.e. till 2017, however i left in between i.e. in 2014( as per clause in service rule that during extension period short service commissioned offer can leave Army to join any other organisation with prior permission and notice of three months) accordingly as per procedure i applied for permission to leave Army from Army Headquarter which was accorded to me and i left after three months notice.
Now even after eight (08) months from release from Army, PCDA(o) Pune which is responsible for the salary and accounts of Army officers has not RELEASED MY GRATUITY, also on inquiry i was told that it is under progress and will be released shortly they also informed me that i will be getting gratuity for only FIVE years i.e. the first contractual tenure and not for the TWO years during the extended period.
When i asked for the authority for this deduction of two years, for this it was informed that it is being like this from past many years.
Please Advise what should i do???
what course of action do i follow???
Kumar Doab
(Expert) 19 June 2015
Generically speaking; Extension implies the ongoing contract has been extended without break.
Your transaction/inquiries/representations to Pune office are verbal or in writing?
Replies by Pune office are verbal or in writing?
Which Gratuity Rules/Act apply your service?
Do you have to submit some form to avail payment of Gratuity? Have you submitted it in writing?
Does Army have to release the payment in a stipulated time or tender interest?
Army can not violate its own rules applicable to its personnel.
Gossip,rumor,hearsay is not rule/policy.
You may show the service rules and regulations to an able Labor Law Consultant/Service Matters Lawyer/Law firm.
Rajendra K Goyal
(Expert) 19 June 2015
If you get gratuity for lesser period, apply to PCDA(O) for full gratuity if your service rules entitle you. First go through all your service Rules.
