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Anonymous   16 August 2017 at 23:46

Termination rules

After successful competition of 20 years of service with an educational institute, my brother was asked to resign without assigning any reason. As he refused to resign, the management is threatening him to terminate and ruin his career. Is such termination Legal?

Please advise what steps we can take to stop this illegal practice.

anupumar   16 August 2017 at 19:37

Supervisor asking me to work on holidays

Sir, I am working in a central govt office as Field executive.
My supervisor asked me to work on all holidays(sunday and saturday) in September 2017.
Kindly reply whether they have any right to ask me to do so.

Thank you

Mrigendra   16 August 2017 at 14:12

Protection of pay from higher to lower post after accepatnce

Sir, I would like to get some information on the case that I had joined as an LDC on 01 Sep 2000 in the AFHQ Cadre in the basic pay 3050-4590 through SSC clerical grade exam. On 24 dec 2007 I was promoted to the grade of UDC ( Basic pay 4000-6000) it was revised as 5200-20200 with GP 2400 in 6th CPC. Again on 24 hum 2015 i was promoted to the post of Assistant now ASO in Pay of (9300-34800) with GP 4600. I had applied for SSC combined graduate level exam 2013 through proper channel and was qualified for the post of Auditor . As such i have joined as Auditor in the O/o Aaccountant general on 01 April 2016 after accepatnce of technical resignation by ex employer . As i have joined as an Auditor basic pay 29200/- , but as per Last pay certificate my basic was Rs 10110 with grade pay 4600( as per 6th cpc). My lien granted in the post of UDC.
Plz provide me this information.
1. What will be my first basic in the new post ,how my fixation will be done as per 7th CPC.
2. Which Fundamental rule applicable in protection of pay in the above mentioned case. Thanking you




inderjeet   15 August 2017 at 17:34

Appeal against the order

If labour court dismiss reference than what remedy available to workman

Rohan   15 August 2017 at 13:12

Slp no. 30621/011

No. 36012/11/2016-EStt(Res)
Government of India
Ministry of Personnel. Public Grievances and pension
Department of Personnel and Training
North Block. New Delhi 110001
Dated the 30th September 2016
OFFICE MEMORANDUM
Subject: contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.
Reference: 1. SLP(C) No. 30621/2011
2. SLP(C) NO. 31735/2011
3. SLP(C) NO, 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) NO.483112012
6. SLP (C) NO.5859/2012
7, SLP(C) No. 5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N06915/2014
10. SLP(C) No. 8327/2014
11. SLP(C) No 16710-16711/2014
12. SLP (C) NO 23344/2014
13. SLP(C) No-23339-23340/2014
14. SLP(C) No. 21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012
The undersigned is directed to invite attention to this Departments 0M. No. 36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit

2. The OM No 36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No, 13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010,

3. Against the Order Of the Hon’ble Punjab and Haryana High Court dated 15.7.2011. an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.

4. The Hon’ble Supreme Court vide order dated -03.02.2015 passed the following interim order In SLP No.30621/011 Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-
“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.

3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29-9-2016 before the Apex Court.


4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010,

5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.

6. These instructions may be brought to the notice of all concerned for information and necessary action.

In this Connection i would like to ask you that My Organisation has filled up 25 vacancies in unreserved seats on own merit by selecting reserved category candidate. So here, institute by filling seats on such a way during the case period and or after aforementioned judgement date is violating/overruled the Judgement of Hon'ble Supreme Court or not? We are working on post of Clerk and hence belong to Group C equivalent to Central Govt. Services. And also want to know about the legal course of action ahead..?

Sivapramod   15 August 2017 at 11:44

Pay protection Regarding

I am Sivapramod currently working as Technician Gr. III in Southern Railway.My appointment date is 06-06-2013. My basic is 23100 now.( GP is 1900 as 6th PC). Now I got selection in ISRO /VSSC Trivandrum as Technician B , which has basic 21700 ( GP is 2000 as per 6th PC). Can I get pay protection and addition of railway service?
Please reply me sir.

Dev   14 August 2017 at 13:10

Gratuity

Respected sir,

I was worked with the company almost 4.5 (i.e may-11 to jan-16) years. I want to know weather I am eligible to get Gratuity benefits from company or not.


Thanks and regards.

Anonymous   14 August 2017 at 03:17

Slp 30621/011

My organisation has filled up 15 vacancies in unreserved category on own merit by 15 reserved category candidates. Also they had declared Promotional vacancies for SC/ST candidates around 40% excluding backlog. It is also be noted that there is no reserved qouta for OBC candidates in promotion. So remaining 60% seats are for both General/OBC candidates to compete. My question is that here the organisation contempt the supreme court's order dated 29 Sep 2016 with reference to SLP 30621/011 or not by giving promotion on own merit to 15 candidates? and also violating the guidelines of DOPT for the reservation upto 22.5% for reserved category? the judgement of Hon'ble supreme court was like this [{( In order to preclude any interim order in the contempt case, as desired by the hon'ble supreme court, The learned Solicitor General has undertaken that till such time the main matter alongwith the contempt petition is decided, no further promotion of reserved category persons to unreserved posts will be made based on the DOP&T OM Dated 10.08.2010 and Railway Board Circular dtd 14.09.2010 )}]

Anonymous   13 August 2017 at 15:28

Non payment of; a) salary, b) full and final settlement

I worked for a PVt Ltd Company from Jan 2008 to Sept 2015. The company has not paid my full salary from Jan 2013, in some months they have paid part salary. Due to this I had to resigned in Feb 2015, I served the full notice period of 3 months and and beyond. Finaly I stopped going for duty from Sept 2015. The company has not deposited the TDS with Income Tax Dept and not issued me the TDS Certificate from 2012-2013 onwards. My work station was Palghar in Maharashtra and I Reside in Nasik Maharashtra What should I do to recover my salary with full and final settlement, and get my TDS Certificate from the Employer.The Provident fund is also not Deposited in the PF Office post April 2013. I had sent legal notice but the company has not responded.The Amount to be recovered towards Salary, allowances, Bonus, Medical Reimbursement and Performance Allowance amounts to Rs. 11,00,000 Approx. What should I do and where should I File the complaint?

Ashish Nirala   13 August 2017 at 10:06

To whom submit complaint reg non payment of Gratuity

I want to know to whom I made a complaint /grievance against Pvt. Co. (Vishv Books Pvt. Ltd., Sahibabad, Ghaziabad) who cheated me, misleads me and made fraud with me and not pay my legitimate dues like Gratuity as per orally commitment made by HR of the company at the time when my resignation asked.