Bhaskar Kartha
27 October 2013 at 11:28
My friend attended an interview in a PSU in Kerala to Technical posts of Accounts Officer/Internal Auditor. The selection procedure started with notification in News paper, etc. But no written test or valid transperent procedure was adhered to by the PSU. I would like know whether any higher court of law has framed any guidelines or procedures to be adopted by the PSUs in the selection procedure and any govt. rules, regulations or guidelines in the matter.
RITESH RANJAN
27 October 2013 at 07:19
INCREMENT DURING PROBATION
Respected Madam/s & Sir/s,
With much hope, I humbly pray for clarification on the subject cited above. The brief of facts and circumstances for your kind perusal is appended below:
1) I joined Govt. of India service on 30th January, 2004 at the Integrated Test Range, DRDO, Ministry of Defence as Assitant (Hindi) in the Pay Scale of 5000 - 150 - 8000 /-. There I completed my probation period of two years as was prescribed in my offer of appointment. Then after, the Competent Authority therein closed my probation and confirmed my services on with retrospective effect.
2) In the year 2006, I applied for the post of Junior Hindi Translator in my present Deptt. of Atomic Energy through Proper Channel which carried the Pay Scale of 5500 - 175 - 9000 /- as then advertised. There, I got selected and the offer of appointment was served to me on which, I accepted and joined my present work place on 25th January, 2010.
3) At my previous workplace I was placed in PB-2 with G.P. 4,200 /- by virtue of 6th Pay Commission and on the date of my relieve in consequent to Technical Resignation from there i.e.,12th January, 2010 my Pay in the Pay Band was 11,650 /- and G.P. was 4200 /-.
4) It is admitted that the Offer of Appointment from my present Deptt. included a provision of 01 (ONE) year PROBATION and nature of my service as TEMPORARY.
Regarding the same, in my application addressed to my present Deptt. I sought some clarity regarding PAY PROTECTION and LIEN with concerns of my service security. In response to the same, they answered “in order to avail past service benefits, I must submit TECHNICAL RESIGNATION and then join” which I adhered to.
5) But, to my utter surprise on JULY, 2010 I was not given any increment. When I sought clarification regarding the same, I was told that my PROBATIONARY PERIOD has not been closed as it is in RULES that A PERSONNEL UNDER PROBATION WILL NOT BE PROVIDED INCREMENT.
6) Here a noteworthy fact is that, in my Previous Deptt. (DRDO/Min of Defence) I was given increment in January, 2005 under then prevalent Increment conditions.
7) In the meantime, due to some unfortunate happenings my wife deserted me in JUNE, 2009. After many futile attempts of reunion, I filed a DIVORCE CASE U/s - 13 of the Hindus Marriage Act, 1955 against her in the month of JULY, 2009. In an immediate counter blast, I along with my family members was roped in a 498 A case (Dowry Harassment) and the Cr.P.C. 125 (Interim Maintenance) by my wife in the month of AUGUST, 2009 & OCTOBER, 2009 respectively. Afterwards, she even wrote a letter to the Head of my previous Deptt. regarding the cases upon which I submitted my humble written clarification when my previous office asked me to.
8) Before your Learned and empathetic self, I submit that after getting information that I along with my old parents and unmarried sisters have been named in a 498 A case, I started to run from post to pillar for getting relief in form of Anticipatory Bail. (Till then the Hon’ble Court hadn’t taken COGNIZANCE upon the same and the case was in enquiry status).
9) In the month of April, 2010 only the Hon’ble Court took Cognizance after
which I fell under tremendous mental, physical and economical pressure of saving my Parents’ dignity and future of my sisters. After ultra-minute hardship, by the Grace of God, I along with my family members was granted Anticipatory Bail by the Hon’ble High Court of Judicature at Patna in the month of August, 2010 (for my parents) & December, 2010 (for self).
10) In between, somewhere during the month of October, 2010 my wife wrote on other letter to my present Head of the Office regarding the cases. After that, I again submitted my humble clarification when asked to, with a prayer to not take any coercive action against me till the Hon’ble Court’s order.
11) That, during this whole period from the 25th January, 2010 (my date of joining the present Deptt.) to till date, I have not been issued any letter mentioning EXTENSION OF MY PROBATION PERIOD, INITIATION OF DISCIPLINARY ACTION, IMPOSITION OF PENALTY etc. by my office.
12)Respected Sir/Madam, till today I have been kept deprived of my Increments, Performance Related Incentive and any Advance other than Festival Advance.
REQUEST
a) Please clarify, whether it was right to keep me under Probation as I was already Confirmed in the same Grade Pay of 4,200/- by my previous office and both my previous and present posts carry same job profile and responsibilities. Can I get my increments ?
b) Please clarify, whether it is right to not grant me Increments.
c) What remedial measures are open for me and the chances of getting orders from the Hon'ble Judiciary as desired ?
For the act of which kindness, I shall be ever grateful to you.
Thanking you, for your valuable time,
Yours faithfully,
Place : Shillong.
Date : 27th Oct, 2013.
(RITESH RANJAN)
DKTAZILANOM9909
26 October 2013 at 11:36
Dear Sir.
We are the staff employees of a PSU. We had a facility of traveling Andaman through LTC by any airlines of economy class. Some of us availed that facility through different agencies. Accordingly our organization reimbursed those expenses of LTC as per our entitlement. Recently our recognized union made a facility part agreement with the Management where our facility of LTC by air travel was withdrawn by retrospective effect. So we need to pay back that huge expenses of air travel and the cost is so high that our forthcoming monthly salary will be nil for few months as our management is planning to recover it by making our monthly salary nil .
Our question is whether our Management can recover those expenses by making our forthcoming monthly salary nil or we can force our management to recover those expenses by paying us any minimum amount monthly salary?
Regards.
P.ESAKKIMUTHU
25 October 2013 at 20:38
The High Court,Madras ordered for reinstatement with backwages and continuity of service.Based on this decision a claim petition u/s 33 C 2 of ID Act is filed before the Labour Court for realising backwages.In the mean time the Management went in appeal before the Bench against the order of single judge.The Bench did not give any stay to the order of single judge. I argue before the Labour Court that as there is no stay order by the Bench, the Claim Petition must be proceeded with enquiry and then finally for orders. The judge of Labour Court said that in as much as the subject matter is seized by High Court, I can not proceed further even if there is no stay.Kindly spell the legal position in this matter.SC or HC decisions will be useful to produce before the Labour Court that as there is no stay, proceedings can be continued till final orders.
MandyPunjab
25 October 2013 at 18:37
Dear sir,
I have been selected for a central govt. job. Prior to this I had worked in a private company for 3 months and was retrenched from that company for unauthorized absence for one month. After that I paid the bond amount and settled the full and final payment with the company. Now I have to fill attestation form.
Kindly suggest me shall I fill the job details in the form or not?
Please tell me if I fill this job details, will this have any negative consequences ?
And what if I dont fill these details because it was a private company ?
ramaswamy
25 October 2013 at 16:56
In our company an employee executed a bond in our favour. He has now jumped the bond by committing a breach of the conditions of bond.
In this matter where does the jurisdiction lie? Does it lie in labour court or city civil court.
Grateful for a quick response.
Thanks and Regards
Parasuram
Amaresh Patel
25 October 2013 at 16:09
Dear Sir,
I am a central government employee working in the department of Posts, India.
I was made over the suspension order after working hours on 31.01.13 by my disciplinary authority which is not the appointing authority of my present post with the subject :-
A disciplinary proceeding against -- - is contemplated and kept under suspension with immediate effect vide sub rule- (1) of Rule 10 of CCS(CCA) Rules, 1965.
For kind information no prior explanation was called for.
Again on 22.02.13 I was revoked vide sub-rule(5) of Rule 10 of the CCS(CCA) Rules 1965 and I resumed the duty at the afternoon on 22.02.13.
Still this I have neither been “communicated the reasons of suspension”/chargesheeted nor finalized my case and so the aforesaid 22 days of suspension period has not been regularized. For the suspension period I have been paid the subsistence allowance only.
Now 8 months have been elapsed. I have not appealed for anything so far.
So I want to know that
1. Is the suspension order now void ? And if so should I represent for regularization of the aforesaid period ?
2. If no what is the time duration within which my case should be finalized ?
3. What are the options for me for the regularization of the aforesaid period of suspension.
With regards.
Lal T V
25 October 2013 at 11:24
In a deparmental disciplinary action case,in Kerala State Electricity Board, One Inquiry officer and Presenting officer were posted to inquire allegations against 5 trade Union activists(Employees)who conducted GHERAO of an Officer. As both of these officers were supporters of the trade union,they completed the inquiry, even without hearing the Complainant or his witness. As the enquiry report was found absolutely biased and incomplete the Disciplinary Authority rejected the Report and posted another enquiry with the same charge sheet.
1. Was it correct to reject the report of the First Inqiry Officer?
2.Can a re- enquiry is legal?
3.Whether the actions of the First Inquiry officers can be treated as Misconduct of Govt Servants?
avinash
24 October 2013 at 16:34
I know this has figured so many times here and other forums.
I worked for 4 years and 10 months in a company and then was retired as per Company rules.
I was told that I am not eligible for gratuity as the minimum perid for eligibility for that is 5 years and the statute has not been changed and as such am not eligible for the same.
Would somebody clarify the same to me and if I am eligible what procedure I resort to for claiming the same.
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Retainership allowance
Dear Sir
In a process industry where some of the employees are on seasonal employment. During the time when they are unemployed, the industry pays Retainer allowance. This allowance will be paid for the unemployed months during the start of the next season.
Question is:
How to calculate Retainer allowance, whether it is on CTC or
on Basic+DA
Grateful, if you could kindly clarify.
Regards
Shekar