C.P.Arora
16 February 2017 at 21:01
R/Experts, adverse remark in ACR 'Integrity doubtful' recorded by reviewing authority not reporting authority in 2010-11without any enquiries etc, expunged in 2013 but communicated in Sept, 2016. Due to this ACP scale due from June 2013 withheld and sanctioned in Feb,2017. Pay revision n arrears from 2013 getting now. What course of action for interest on arrears n defamation / harassment against erring reviewing authority can be taken.
Regards
C P Arora
Lecturer, Technical Ed Deptt, Haryana
Vijay Lichade
16 February 2017 at 12:28
If any employer release the circular regarding the extension of notice period in second week of any month & write as effective from 1 st date of that particular month,is it legally valid?
My bro resign on 6th feb & HR dept mailed the circular of extension of notice period from 1 month to 3 month on 8 feb,simulteneousely ask my bro to continue the duty for 3 months,is it legally valid ?
Pl, suggest wht to do in this case ?
(They may hold his PL-money,gratuaty,etc)
raghavendra
15 February 2017 at 17:37
Dear Seniors
kindly provide some following judgement please
1. Can Disciplinary Authority can change the proposed punishment after second show cause Notice?
2. judgement pertaining to QUASH the charge sheet issued by the employer which is against the standing order at the stage of second show cause Notice.
3. meaning of declaration/information, whether it may be oral or written.
Snmurthykala
15 February 2017 at 08:28
Sir,
We see a ray of hope!
This is to bring to your kind notice that I served in an NGO Hospital
for 6 years and resigned 9 months ago. My salary breakup was as under:
Basic Rs.6660-80
HRA Rs.2664-32
Special Pay Rs.7326-88
--------
Total Pay Rs.16652-00
--------
I request you to clarify as to whether the "SPECIAL PAY" be considered as "GRATUITY" calculation component since my ex-employer stating that 'Special Pay' cannot be considered as part of Gratuity Component hence, will be calculated
on the basis of the 'Basic' only.
Kindly advice terminology 'Special Pay' be considered in the absence of the terminology 'Dearness Allowance'. Look forward your kind support and clarification that will benefit about 250 employees those who are working in the hospital never ever aware of the Eligibility Criteria of Gratuity.
Best regards,
KS Murthy
kumarjainn
14 February 2017 at 23:39
sir
I have posed this qs earlier also in the year 2011 now I am again coming with new question in this judgement in my case No. 4545/2000, Delhi High Court.
I was not considered for promotion in the year 1998 from the post of Sc.'C' to Sc. 'D' due to wrong implementation of the rules. I filed a case in CAT. Finally in the year 2011 i succeeded in High court and the judgement was delivered as below. However in the meantime I got promoted from Sc. 'C' to Sc'D' in the year 2001 and subsequently I got promotion as Sc. 'E' and Sc. 'F' . there is contradiction in para 8 and para 9 of the judgement. The last two para 8 and 9 of the judgement are given below:
Para 8.Since the petition filed by the petitioner succeed on this ground itself, it is not necessary to deal with the other contention rested on the retrospective operation of the said rule. Accordingly
W.P. (C) 4545/2000 Page 12 of 12
rule is made absolute. The impugned judgment dated 1st May, 2000 passed by the Central Administrative Tribunal is hereby set aside. The O.A. filed by the petitioner before the Tribunal is allowed. As a consequence, direction is issued to the respondent to reconsider the case of the petitioner by holding review DPC and if found suitable for promotion, the petitioner be accorded promotion to the post of scientist "D‟ with effect from the date his juniors were promoted on the basis of Internal Screening Committee which was held on 1st July, 1998.
Para 9. We are informed that the petitioner was subsequently given promotion to the post of scientist 'D‟ w.e.f. 1st July, 1998, he shall be given arrears on repromoted post from 1st July, 1998 to 30th July, 2001 and shall also be entitled to consequential benefits of seniority and promotion etc.
10. Since the respondents have not appeared, no order as to costs.
(A.K. SIKRI) JUDGE (M.L. MEHTA) JUDGE JULY 7,2011 skb
Note: there is a typing error in para 9 in place of (w.e.f. 1st July, 1998 it should be 1st July, 2001)
From the above it is clear that Paara 8 and 9 are contradicting. Paara 8 says that to consider my case for promotion in the year 1998 on the basis recommendation of the review DPC.
And para 9 says to as I am promoted in the year 2001 I should be given promotion w.e.f. 1998 with arrears and consequential benefit. That is Review DPC/assessment is not required.
The department implemented Para 8. I was directed to appear before the Review DPC for the year 1998. Then I received a letter intimating me that the review DPC did not find me fit for promotion in the year 1998. I was not given promotion from the year 1998 etc.
The department implemented the para 8 of the judgement no doubt. fine
But department has not implemented the Para 9 of the judgement according to which since i was promoted to the post of Scientist 'D' in the year 2001 I should have been given promotion from the year 1998 with arrears and consequential benefits.
This para does not ask for the views of review DPC. The result of 2001 has to be implemented with effect from 1998.
Thus Para 9 of the judgement has not been implemented. IS it a fit case for filing contempt of court or not. If yes,
can I file contempt for not implementing para 9 of the judgement now after a delay of five years. pl advice.
In fact department should have implemented para 9 of the judgment which is final para of the judgment. In case department department wishes to implement para 8 it should also implement para 9 of the judgment. my contention is Not implementing para 9 of the judgment is contempt of court.
Snmurthykala
14 February 2017 at 21:25
Sir,
I served in one NGO Hospital for 6 years and resigned 9 months ago. My salary breakup was as under:
Basic: Rs.6660; HRA Rs.2664; Special Pay Rs. 7326/-.
While settling the gratuity payable, the Management has not been considered the 'Special Pay' saying that 'Special Pay' cannot be taken into account while calculating the 'Gratuity' which will be calculated on the basis of 'Basic' only. Kindly advice as to whether the 'Special Pay' be considered in the absence of ' Dearness Allowance '. Kindly clarify.
KS Murthy
D Nanda Kumar
14 February 2017 at 20:10
JGD
1.Worked in nationalised Bank for 39 years and retired in March, 2010
2.Got promoted from Scale I to II in April, 1993 but result held in sealed cover due to pending case in CBI Special court, Mumbai.
3.Applied for promotion from Scale II to III conducted in 1998 but denied opportunity due non release of promotion on adhoc basis.
4.Got acquitted on merits by the Court in March, 2014 (after retirement).
5.The Bank has released the promotion held in sealed cover with notional effective date of April, 1993 with due benefits now in January, 2017.
6.Subsequent to that I have claimed that the Bank should consider my promotion from Scale II to III which was denied to me in 1998 based on my ARRs which are excellent during the period relevant to that period (it is in fact excellent throughout till retirement which has been admitted to by the Bank).
I want to know:
1.Whether my claim is as per provisions of sealed cover procedure?
2.Is there any decision in the High Court/Supreme court to support my claim?
3.If the Bank does not consider, whether I can approach a court and how?
4.If I get the said promotion released with notional back date can I claim further promotions on various future dates?
VK Gaur
14 February 2017 at 16:42
Respected Lawyers,
The issue is related to Powergrid Corporation of India Limited (in short POWERGRID), a CPSU and Central Transmission Utility under the aegis of Ministry of Power India. Before coming to main subject let us understand
PNBC : Powergrid National Bipartite Committee, a National level bipartite committee consisting of management representatives and PNBC representatives from unions in different regions elected through election among unions, these elections are conducted by Powergrid management.
In March 2015 PNBC elections were contested in NR-1 among two trade unions namely (1) Power Grid employees trade union NR-1 and (2) Power Grid Takniki Karamchari Sangh NR-1 for three seats of PNBC by the voting proportion trade union got 01 seat whereas takniki sangh got 02 seats. Both the unions were registered at ALC KANPUR UP. At that time NR-1 contained Rajasthan, UP, Uttrakhand , NCR and two districts of Haryana.
As per Government guidelines from 01st July 2016 NR-1 was split into two regions NR-1 & NR-3. Entire UP and maximum stations of Uttrakhand were transferred to new region NR-3.
As a result of having their registration at RLC KANPUR UP Power Grid employees trade union NR-1 and (2) Power Grid Takniki Karamchari Sangh NR-1 among which PNBC elections were held in former NR-1 in march 2015, went within the jurisdiction of NR-3.
And NR-1 (w.e.f) 01.07.16 became union less, for sake of a workmen union we registered a Union namely Powergrid Karamchari Sangathan NR-1 with Labour Commissioner South Delhi and we got registration certificate on 10th January 2017 and we intimated management about the registration on the very same day.
But management of NR-1 did not invited us for PNBC meeting, instead management invited representatives from Power Grid employees trade union NR-3 and (2) Power Grid Takniki Karamchari Sangh NR-3 for NR-1 region (unions which are registered at Kanpur hence under the geographical area of NR3.)
My query is
can management of NR-1 call representatives for PNBC meeting on behalf of NR-1 from Unions registered in NR-3 geographical area.
What can we do so that management of NR-1 recognize us and call our representative as PNBC candidate from NR-1.
Hemant Purandare
14 February 2017 at 12:43
May I know what is the time limit for issuing chargesheet if a person suspended before six months without giving any reason in vigilance case & revoked in two & half months but 6 months passed no chargesheet issued. Please guide me. Thanks
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Incriment
I am in private pharma company on the post of medical representative .my company gives us target from January from December means calendar year .there is an incriment according to our performance on the target .but incriment starts from April to march means financial year.in this way there is loss of first three months of hike salary for me if my performance is good every year...please suggest me that is that wrong or right .