Devi Vaikom
27 July 2016 at 23:36
A petition filed in the CAT against adverse entries in the Annual Performance Assessment Reports (APAR) has been allowed taking note of the statement contained in the reply from the Government side that 'it would not be feasible for the Department to again and again take up the matter with CAT on the same issue as there is no scope left for considering the representation of the applicant'. The Tribunal has taken note of the innuendo contained in that particular averment of the respondents to be indicative of the annoyance of the respondents for being called upon to answer before this Tribunal and also of the aversion towards the applicant.
However, the very same Bench dismissed the petitions against adverse entries in the APAR for some other periods though the reply statements in those cases also contained the same averments.
Can review petitions be filed against the dismissals pointing out this inconsistency?
I had appeared in person.
deepak
27 July 2016 at 12:22
I travel daily from Ranchi to Ramgarh for my jab and it is 100 km both up and down which takes around 2 hours by my own vehicle. so my query is whether this time will be included in my duty hour, under any law or any case reference similar to this.
SUSANGAT
27 July 2016 at 09:07
Sir,
i have a query and need your support. Kindly let me know if I am entitled for gratuity? I have resigned from Govt . of India in the year 2008 after rendering 18 years of continuous service. I was not paid gratuity. Can some one please let me know if entitled for gratuity( as i think i am) and what is the way i can claim the same now.
To add to the above i would like to inform the experts that after resignation I left Govt service and joined private sector. Does this amount to Forfeiture of service on resignation? Can i be denied Gratuity on the said ground
I request our learned expert for guidance.
warm regards
Thanks and regards
nimri
26 July 2016 at 19:54
I am a west Bengal govt employee was transferred on humanatarian ground as my mother is suffering from CA but even after the concerned department has issued the transfer order the controlling officer has not released me to join my new place of posting .what steps can I take so that I can get realeased as per law.
Ashutosh
25 July 2016 at 17:19
Dear Experts, I am in central government service ( class 'A' ) and I purchased a property several years back for which I could/did not give prior intimation due to the lack of knowledge of such rule, which I have come to know of few days back. I wish to get your opinion as to what penalty I might accrue when I declare it in my office. The transaction details are all there with me in terms of bank statements of my purchase, so I am not worried about the purchase coming off as a dubious one to the authorities, since I have been paying my EMIs all through this time. I just wish to be prepared before going for it. Hence your valuable advice. Thanks
Naveen
25 July 2016 at 14:04
My employer has not deposited EPF (Employee & Employer) contribution for year & a half. However, I would like to know if upon my resignation,can I withdraw EPF balance in my PF account.
I have completed over 10 years of service..
Suman Dhar
24 July 2016 at 22:12
1. In the month of April 2016, I meet with the Company Secretary & I/c GM(F&A) regarding my F&F Settlement & CPF withdrawal and she has assured me that it will be completed within the short time as she needed the approval of competent authority.
2. As per the Clause No. 7 in the Letter of Contract of my service, I have served 30 days notice period after submitting my resignation letter (10th Sept 2015 to 9 2015), but I yet to received my pending salary as well as arrear salary. Then In-Charge & Assistant Manager (Mech) forwarded the registration letter to the Management on the same date (10th Sept 2015) as I submitted my resignation letter through the then In-charge.
3. After tendering my resignation on the above mentioned date, on 24th of Sept 2015, I was handed over the charges to the then In-charge & Assistant Manager (Mech) in written and prima facia he forwarded the same to HO for needful.
4. On my last working day after sanction of EL application (from 28th Sept 2015 to 9th Oct 2015), I had a talk with Executive Director and he informed me over the telephone, we, the contractual employee are not eligible for release letter beside we may have a accounts settlement from concern department after approval of competent authority which may take time. Further, I could not able to setup my ledger in office due to some bills are pending for approval from HO level during that time.
5. I had sent the claim for withdrawal of PF benefit thrice, last on 25th of April 2016 which was yet to submitted to concern department for release of statutory claims.
6. I think that after completion of 30 days notice period, when I was not working in your company, there might be no legal terms between us, whatsoever the company issued a Show Cause Notice to me after 23 days (2nd Nov 2015) of expiry of the terms of contract with the time frame as 24 hours of written clarification.
7. After receiving Show Cause, I received a Memorandum on 20th June 2016 with a proposal to perusing the disciplinary action against me under CDA Rule. As per the CDA Rule as well as Labour Act (Contract), I am not an employee of that company as I have left the company before 9 months so there was no legal relationship between us. I am unable to understand why company has sent me this Memorandum to my permanent address instead of sending in my communication /email address which is known by all officials. That means intentionally some officials try to get some undue advantage of non-replying within the time also create some uncomfortable situation to me. It is pertained to mention that the Officials having the intention to harass me without any substantiate documents whereas my work was bonafide by the management and other stakeholders also during that tenure. The clarification or reply of said Memorandum has been dispatched on 4th of July 2016 through email and the hard copy was send through speed post.
8. Sr. Zonal Manager has assigned to conduct an enquiry against me whereas everyone of the company knows about the bitter relationship between us. Hence, I am not ready to attain any enquiry where the said officer is involved and it is pertained to mention that the activity done by Sr. Zonal Manager for his personal interest and personal revenge against me. I have the all documents regarding his corruption.
I left my job before 9 months with a good work record and relationship with the company and now it’s tuned for other angle. I am now harassing a lot and suffer financially also. Please suggest.
Ramesh
24 July 2016 at 00:34
Sir I am a junior engineer and my CR is written C grade without giving me any letter for whole financial year for that I apply for review of that but dept deny to accept it as only class 1 officers have right to review against C grade avg. And I am class 3 employee so I don't have any write for review. Suggest me as it may cause extension of my probation period.
gururaj
23 July 2016 at 23:17
i was working in jipmer pondicherry, a central govt. hospital as a staff nurse from 14/7/2013 to 7/5/2016.while working in jipmer i got a new job at aiims raipur (which was applied before joing jipmer).so when i was applying for resigning from jipmer my 2 yrs of probation period was already completed, hence i requested them for technichal resignation from the current job, but i was denied by giving technichal resigntion by the administrion and i was instructed to give 24hrs resignation( by depositing one month salary in due) and i followed their instruction and given 24 hrs resignation (as i have to join my duty in aiims raipur soon).
But after some time another my coleuge who was working with me form same time was also selected for same job at aiims raipur was given by the facility of technichal resignation by the administration.
it was an injustice happened in my case , so kindly guide me how can i fight to get technical resignation.
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Regarding pay protection and pay fixation
Respected sir...sir I was working as an Ast Cmdt in CISF in pay band of 15600 with grade pay 5400 ...as later on I got selected in civils and alloted Danips as a service which faals in pay band of 9300 with grade pay 4800 ...I joined dis said service on technical resignation .....sir my query is does I am entitled for pay protection as I relieved by previous dept 27 days before completing my probation period .....