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Sambath   19 November 2017 at 18:04

7th pay arrears receipt after study leave period

Hi sir, This is sambath working as lab technologist in Jipmer (autonomous under CGHS). I had availed study leave after completing 6 years of service, for the period of twenty four months between july 2015 and may 2017. I joined my duty on 22 may, 2017, before the leave expires well in advance, after successfully completing my course in the due time. I was paid (basic, HRA and DA) salary during my study leave. As you know 7th central pay commission was revised on 1st Jan 2016. I din get my increment salary for whole 2016 but the same had been revised retrospectively from the date I joined. Similarly now the admin deny me the 7th cpc arrears for the period Jan 2016 to April 2017. It seems I only get the revised pay from the date I joined without any arrears. Why won't I be eligible for the Ministry pay revision during the study period when the study leave was actually sanctioned by the CGHS?? Also I would like to know if I can avail one more year study leave since I had signed 5 years of bond to serve the Institute after the leave.?? If yes whats the next earliest time I can apply?

Anonymous   19 November 2017 at 09:59

7th pay arrears receipt after study leave period

Hi sir, This is sambath working as lab technologist in Jipmer (autonomous under CGHS). I had availed study leave after completing 6 years of service, for the period of twenty four months between july 2015 and may 2017. I joined my duty on 22 may, 2017, before the leave expires well in advance, after successfully completing my course in the due time. I was paid (basic, HRA and DA) salary during my study leave. As you know 7th central pay commission was revised on 1st Jan 2016. I din get my increment salary for whole 2016 but the same had been revised retrospectively from the date I joined. Similarly now the admin deny me the 7th cpc arrears for the period Jan 2016 to April 2017. It seems I only get the revised pay from the date I joined without any arrears. Why won't I be eligible for the Ministry pay revision during the study period when the study leave was actually sanctioned by the CGHS?? Also I would like to know if I can avail one more year since I had signed 5 years of bond to serve the Institute after the leave.?? If yes whats the next earliest time I can apply?

kshitij   18 November 2017 at 16:20

TEMPORARY EMPLOYEE

How long can an employee be a contractual employee ??

Jitendra nighot   18 November 2017 at 12:36

Gratuity

If someone completed 4.7 years of service.
Can he claim the gratuity???
If yes then how???

Anonymous   18 November 2017 at 00:52

Termination of employment

After working for about 2yrs and few months, I absconded from my previous company (say c1) in August 2009 I.e 8 years ago. During this time of 8 yrs I am working in a company (say c2) who accepted me with just a resignation letter from my earlier company.
Just wanted to check if anything can be done in this case as the prospective new required the reliving letters from all the previous employers.

Nitin Verma   17 November 2017 at 13:25

Can a employment contract can have clause for termination

Dear Sir, I am Nitin and i worked for pvt bank which have terminated me without assigning any reason for same.I want to know in contract for employment. Can an employer in its contract can put a clause of termination without giving notice period even for a single day,i.e with immediate effect without any reason.What are possibilities that such a contract itself is wrong ?

RITESH RANJAN   16 November 2017 at 11:54

Choice Posting after fixed tenure at North Eastern Region

Respected Jurists,

At the onset, while humbly marking my deepest gratitude towards you all and this great forum from where I have been immensely benefitted, I again seek your kind expertise on the facts and circumstances appended below...

(i) that, I had joined the Govt. service on 30th Jan, 2004 at DRDO, Min. of Defence.

(ii) that, consequent to my selection in present Department of Atomic Energy, I did submit my Technical Resignation in my previous department thus, enabling self to avail the past service benefits.

(iii) that, I joined my present workplace on the 25th Jan, 2010.

(iv) that, as per instructions contained in the Office Memorandum No. 20014/2/83-E.IV dated 14th Dec�, 1983 issued by Dept. of Expenditure, Min. of Finance, Govt. of India I am eligible for CHOICE POSTING. (Copy attached at forum for kind perusal.)

(v) that, under an RTI reply my department has admitted that they follow the above cited Office Memorandum as their transfer policy.

(vi) that, it is pertinent to submit here that as many as 04 analogous incumbents are there in this department having all India service liability.

(vii) that, my old aged mother is suffering from Cancer, therefore, her condition genuinely and essentially warrants my attention and service.

(viii) that, upon my request of transfer the authorities intimated that selection process for new incumbent is in pipe-line and transfer with choice posting will be granted only after the said selection and posting. Where as, all other eligible and even some non-eligible colleagues were granted Choice Posting.

(ix) that, the above cited selection process is in probity of no certain period or date.

(x) that, at station where the choice posting is sought, position is also vacant.

(xi) that, aggrieved by such information and condition, I again submitted an application on 07th Nov�, 2017 praying there in immediate transfer and choice posting within 15 days citing my mother�s exacerbated condition.

In light of these submissions, I require your expert guidance please :

a) whether, I can get any relief from the Hon�ble Judiciary by means of writ or I have to approach the relevant CAT bench for the same.

b) what should be the grounds for my prayer before the Hon�ble Judiciary.

I shall be ever grateful to you.

Thanking you,

Yours faithfully,

Ritesh Ranjan

manoj   16 November 2017 at 11:37

Ep notice refused

Hi
I filed EP in Sept 2017,in Labour Tribunal ( for Award passed in 2016)
1 st notice returned as "insufficient address" ( on 3Oct 2017)
2 nd Notice as "Refused By Respondent" (on 16 oct 2017)

My Advocate ask me to sign on below affidavit content
Now he is asking to go for Affidavit for service of EP notice to Process Server
Affidavit line are" I pray Honorable Court may pleased to order substitute serving of notice on respondent through process server or any such order which deem fit in the circumstances of the case in the interest of justice"

Please advice me
Is my advocate miss in taking exparte order?
or
is there are chances to take exparte order now

Thanks

Anonymous   16 November 2017 at 06:22

Exit from company

I am recently joined IT company and deputed to client site in gurugram. I resigned on 30-oct on high working pressure and huge stress and some medical emergency at home. Notice period mentioned in offer is 3 months but verbal discussion HR mentioned 1 month during probation but i have no evidence.
Now company had not paid me salary of Oct month and no idea for current month as well. Tried to contact concerned authorities but no concrete response.
In order to exit ligitimate way, what all option i can do? What if i inform them and discontinue reporting at work? What legal impact on me? Pl advise as i wanted to close this legitimately.

DKTAZILANOM9909   15 November 2017 at 20:56

Writ procedure procedure

Dear Sir, I want to know two things. We want file a writ petition on Employee Pension Scheme'95.

1. If a registered trade union files the writ petition then will it cover all the members of the union for the benefit?

2. if many registered trade unions file the writ petition then will it cover all the members of all the unions for the benefit?

regards,

Tapan Das