Delay in releasing terminal dues
G.SRINIVASAN
(Querist) 08 June 2012
This query is : Resolved
PLEASE LET ME KNOW AS PER THE EXISTING LAWS, WITHIN HOW MANY MONTHS A PSU SHOULD RELEASE THE TERMINAL DUES AFTER SUPERANNUATION. WHAT IS THE REMEDY AVAILABLE TO AN OFFICER IF THE DUES ARE NOT RELEASED EVEN AFTER 5 MONTHS.
Guest
(Expert) 08 June 2012
Dear Srinivasan,
Terminal benefits are of different nature, e.g., pension, gratuity, pf, leave encashment, savings part of employees insurnce, etc., but you have not stated, which dues are still unpaid even after 5 months of your superannuation.
If pension is due, there should be no delay in sanction. If final pension cannot be sanctioned due to incomplete record or verification, provisional pension has to be granted before that becomes payable for the next month. Gratuity has also to be paid within 30 days after which interest becomes due. Liewise other dues have also not to be delayed without any genuine reason.
All these are subject to the employee being superannuated without any disciplinary case pending against him.
G.SRINIVASAN
(Querist) 11 June 2012
Dear Dhingra Saab, When I was working with the PSU,disciplinary action was initiated and after detailed enquiry, the outcome was "CHARGE NOT PROVED".The disciplinary authority has sent the file to CVO for FINAL clearance. It was given to understand that the file was not cleared by the CVO. As a result,my management has not communicated my exoneration order. Thus,my gratuity,leave encashment and performance incentive amounting to Rs.21 lakhs is not cleared so far for no fault on my part. I have superannuated on 31/1/2012. Under such circumstances, what is the remedy I have at present.
Guest
(Expert) 11 June 2012
You have not clarified, whether file for clearance sent to the CVO pertained to the inquiry report on charges not-proved or for vigilance clearance for the purpose of payment of terminal benefits?
Also, any reson quoted by the CVO for non-clearance of file?
G.SRINIVASAN
(Querist) 14 June 2012
Dear Dhingra Saab, In our Company, the disciplinary cases would originate from CVO's office and after conclusion of the proceedings and acceptance of the outcome of the Inquiry, the Chief Disciplinary Authority once accepts the findings, he forwards the file for final clearance to the CVO. In my case, the Inquiry Authority has given the verdict that the "CHARGE NOT PROVED" and the same, it seems that the CVO is unable to accept even though he is not the Disciplinary Authority. The Inquiry Outcome has been accepted by the Disciplinary Authority. The Inquiry report was forwarded to CVO prior to my superannuation. I have so far not been communicated by my company as to whether the CVO has accepted the out come or not. Since I am kept in dark and I have my own financial difficulties, I request you to kindly advise me as to how I can proceed further in this instant case. Normally, in our office, no direct communication is made by a charged officer directly to CVO.
Please advise.
