Vasudevan
06 October 2018 at 11:04
I had been made retired compulsorily by the Central Government subsequent to the Departmental Inquiry. The order of compulsory retirement doesn't spell about any reduction in my pension and gratuity. I had applied for pension and gratuity to my department. The pension sanction authority has sought for clarification to the Disciplinary Authority about the reduction in pension and gratuity. the issue is pending from April 2017 onwards and I have not received the pension and gratuity till date. Meanwhile, I have been convicted by the CBI-ACB court in July 2018 and the said judgment was appealed before the High Court which has granted stay on the order passed by the trial court. Till date no pension or gratuity was sanctioned to me. My friends are saying that I can't receive the pension and gratuity till acquitted from the CBI case. Whether the Disciplinary Authority can reduce/withheld my pension and gratuity retrospectively i.e. from April 2017 onwards. Kindly clarify the rule position in the matter. Thanks to all Experts in advance.
Sachin
06 October 2018 at 09:50
How many maxium days employee can suspended without issuing chargsheet to him.
Since employer not issue chargesheet yet, hence employee What shiuld Be do...?
Anonymous
05 October 2018 at 22:45
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Danish Hussain
04 October 2018 at 16:34
My father was a teacher in a Private Unaided School. (Appointed in 1988 and terminated in 1998) He was terminated wrongfully which is now proven in the court after 20 year of legal battle. (But my father passed away a few 6 months back and could not see his victory). The case is of Patna Bihar, and is now being fought in the High Court, Patna.
(During the pendency of the case, my father was employed anywhere else.)
The School is not ready to pay 100% Back Wages and want to pay just the 50% of the back wages.
Is there any Rule/Law/Act/Judgements Supporting my claim for 100% Back Wages.
Usman P
04 October 2018 at 16:14
Dear Sir/Madam,
Iam Usman P, on 14th August 2018, one company HR team selected me for Desk side technician position and released the offer letter but not mentioned the exact DOJ. Asked to resign from my job and to clear exit formalities. Now they are telling there will be delay in getting project,they are going to revoke my job offer. Now Iam jobless. Tell me how to take of my family and spoiled my career and future of mine and my family. I need a proper explanation on this. If I won't get proper response,then I'll take extreme action on this matter.
where i have to register a complaint and tell me the procedure.
Danish Hussain
04 October 2018 at 16:13
M
And the School is now not ready to pay the damages and compensation, the case is of Bihar Patna and is being fought in High court.
Which rules/law/ judgment favor us to claim the damages as suffered by us?
Please throw much-needed light. It will be highly appreciated.
CPS
04 October 2018 at 09:00
Please interpret the following rules on seniority of absorbees considering that their is no direct recruitment or promotion happened (only absorption took place in a particular rank).
Seniority of Absorbees (DoPT Seniority Instructions and guidelines, 2010)
“3.1 The relative seniority of persons appointed by absorption to a Central service from the Subordinate Offices of the Central Government or other departments of the Central or a State Government shall be determined in accordance with the order of their selection for such absorption.”
“3.2. Where such absorptions are effected against specific quotas prescribed in the Recruitment Rules, the relative seniority of such absorbees vis-à-vis direct recruits or promotees, subject of the provision of para 3.4 below, shall be determined by rotation of vacancies amongst the available direct recruits, promotees and absorbees which shall be based on the quotas reserved for direct recruitment, promotion and absorption respectively in the Recruitment Rules. Where the vacancies in any quota or quotas are carried forward, the principles stated in Para 2.4.1 will apply, mutatis mutandis in determining inter-se seniority of the appointees”.
“3.3 The principle laid down in para 3.1 above will not present any difficulty where recruitment by absorption is made singly and at intervals but it will be found wanting in cases where two or more persons are selected from different sources on the same occasion and the selection is spread over a number of days. It will, therefore, be necessary for the authorities responsible for approving appointments by absorption to indicate the interse order of merit of the selected persons in such cases.”
3.4 - Seniority of persons absorbed after being on deputation
O.M. No. 20020/7/80-Estt.(D) Dated 29.5.1986 O.M. No. 20011/1/2000-Estt.(D) Dated 27th March, 2001]
3.4.1 In the case of a person who is initially taken on deputation and absorbed later (i.e. where the relevant recruitment rules provide for “Deputation/Absorption), his seniority in the grade in which he/she is absorbed will normally be counted from the date of absorption. If he/she has, however, been holding already (on the date of absorption) the same or equivalent grade on regular basis in his/her parent department, such regular service in the grade shall also be taken into account in fixing his seniority, subject to the condition that he/she will be given seniority from –
- the date he/she has been holding the post on deputation,
(or)
- the date from which he/she has been appointed on a regular basis to the same or equivalent grade in his parent department.,
Whichever is earlier.
==============================
My questions are:
1). whether length of service will be considered for person B even if person B absorbed after one year of the first absobed person A.
2). whether section 3.2 is applicable for seniority among Absorbees only (absorbed on different occasions)
3). Who is senior? Person-A holds rank-X in parent department and got absorbed in rank-Y (one rank up) in borrowing department in the year 2017. Person-B holds rank-Y (since 2000) in parent department and got absorbed in rank-Y (same rank) in borrowing department in the year 2018.
Kiran Khorwal
02 October 2018 at 09:32
I'm worked with a bpo where the process ramp down on 30/9/18 we were ask to shift in other process with out any increment in salary so we opted for the spot resign. Now when completed all the legal formality of spot resign they said salary will be given after 45 days. Is there any law when employee gives the spot resign he get the salary after 45 days?? As I asked my other friends who work in bpo they say salary is given within 15 days
Tomin Saji
01 October 2018 at 14:16
Hello all
I am seeking clarification regarding can the Disiplinary Authority change the IO and PO together after wrtitten statement of defense/written Briefs was taken from the charged officer and Presenting officer. The Inquiry according to CCS INquiry procedure for the CO and PO are over as they submit the written Briefs. This was done on July 1 2017 when the CO submitted the written brief. After this for 8 months til February 2018 there was no news from the IO or the Disciplinary aiuthority. Then suddently CO receives a leter from DA saying IPO and PO has been changed after 8 months of inactivity and saying that the hearing will proceeed from the first step of inquiry, inspection of documents . It is to be rememberred here the written statement of defense/ written briefs during the Inquiry were already taken from CO and he also made a oral defense.
Al the defense points of CO are with IO and DA. Is it legal to start a new inquiry with new IO and CO. The reason given for appointing the new IO and PO are that the previous IO is busy and has no time.
already 1 year ad 5 months are over including 8 months of inactivity after submitting written briefs. Is there any precedents or judgments that stop this kind of behavior from DA. Can they proceed from beginning again after taking the COs defense.
In addition to this the charge sheet also contains false allegations. so the DA is protracting the inquiry because it cannot be proved.
Please advice. Emergency,. Urgent
Tomin
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Bsnl bond agreement
I was undergoing pre-appointment training BSNL Jao phase-1.The training period was 10 weeks. At the end 4 weeks I am selected in MSTC in that interview was done before training.I need to submit my documents in very less time So this I had to resign BSNL and submitted pre-appointment documents in MSTC. So I want to know that whether bond is applicable ? Is reliving letter required to join another organisation? In BSNL I am not completed my training and have not received any appointment letter and stipend during training period.I was staying my own expenses.
BSNL BOND AGREEMENT:-
THAT the trainee has agreed with the company that after completion of the training, he/she shall serve BSNL in such department or departments at such place or places in India in such capacity in connection with BSNL`s business as BSNL may require from time to time, for at least 5 years after completion of aforesaid training, on terms and conditions contained hereinafter and in accordance with the Rules and Regulations of BSNL as applicable from time to time to such trainees.
THAT the BSNL has called upon the trainee to furnish a Bond to the extent of Rs.2,00,000/-(Rupees Two Lac only) for indemnifying the Company against all loses or damages which the BSNL may suffer by reason of the breach of the terms of this agreement by the trainee.
THAT the Trainee and Surety have agreed that in the circumstances if the trainee commits breach of any conditions of this Agreement or, in case the training of the said trainee is discontinued under the provisions to clause(1) above and the CGMT is satisfied that the failure of the trainee to reach the necessary standard is due to his/her work (the decision of the CGMT in this behalf being final), or in case of continued adverse reports regarding his/her conduct or his/her political activities directed against the Government of his/her Country /BSNL, or if the trainee voluntarily quits for reasons not beyond his/her control any time during the course of training, or on completion thereof does not serve the BSNL for a period up to five years or during such period of service does not carry out his/her duties with diligence. BSNL shall have full powers to forfeit the amount of security deposit without any notice to the trainee and surety. Trainee & Surety have further agreed that they are jointly or severally shall pay forthwith to the BSNL on demand an amount of Rs. 2,00,000/- (Rupees Two Lac only) as Bond amount along with the interest @18% p.a., which BSNL may suffer by reason of the Breach of the conditions of the Agreement and upon the trainee and/or the surety making such payment, the above written bond shall be void and of no effect, otherwise it will remain in full force and virtue.