RITESH RANJAN
03 May 2014 at 10:35
Respected Experts, Follows my case... Kindly guide and help me...
GRANT OF DUE INCREMENTS AND CLOSURE OF PROBATION
It is to request your empathetic consideration on the subject cited above. The brief of relevant facts and circumstances are placed hereby for your kind perusal:
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 in 2007 with retrospective effect. (It was civilian post governed by rules applicable on the Central Govt. employees alike mine present post.)(Copy enclosed)
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 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, even while under PROBATION in my Previous Deptt. (DRDO/Min of Defence, Govt. of India) I was given increment in January, 2005 under then prevalent Increment conditions (decided by the month of Joining).
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 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 siblings. 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 APRIL,2012 I had not been issued any letter mentioning EXTENSION OF MY PROBATION PERIOD, INITIATION OF DISCIPLINARY ACTION, IMPOSITION OF PENALTY etc. by my office. Though, after that on duration of each 06 months, I use to receive an intimation regarding extension of my Probationary period.
12) That, all the cases are still pending about which I am sincerely working towards to be eliminated through my learned lawyers. But, it is sure it will take its own time as you are well aware that the Hon’ble Judiciary is heavily loaded.
13) Sir, till today I am deprived of my Increments, Performance Related Incentive and even Computer Advance. This tantamount as a penalty even before verdict of the Hon’ble Judiciary holds me guilty.
Thanking you, for your valuable time,
Yours faithfully,
(RITESH RANJAN)
naseeb kumar
01 May 2014 at 19:55
Sir,
I am working with district court, Delhi. I have joined the office in 2009 as an L.D.C.. Now in 2014 I have selected as stenographer in the same office/department in a open competitive exam. I have applied for the stenographer post through proper channel. I have joined my duties as stenographer in April, 2014.
After joining in April, 2014 the accounts officer told me that you will not get the Annual increment due on 1st July, 2014 because you are not completing 6 months service from 1st January, 2014 to 1st July, 2014 in one cadre, neither as a L.D.C. nor as a stenographer. Therefore, you will not get the Annual increment on 1st July, 2014. When I asked accounts officer that whether I can submit the Option form for the increment. He told me that Option from cannot be given in Cadre change case. It can only be given when promoted in the same cadre and your cadre has been changed.
But I am a candidate from the same department and I applied through proper channel. I have also intimate the office through a letter for considering me through proper channel. There is no service break. I should get an increment for the year 2014.
Therefore, all experts are requested to kindly provide/ suggest me any law/service rule for getting increment for the year 2014.
Thanks and regards
Naseeb Kumar
Ankit Jain
01 May 2014 at 12:54
Dear Sirs,
My company Policy says maternity benefit/miscarriage benefit will be given to a female employee as per the laws but only once in her complete service tenure in our company. Is it legal, what if a female employee has availed benefits of maternity/miscarriage leave once and after a couple of years plans another child? Or what in case she has availed leaves after her miscarriage and plans to have a child after some time? Shall in this case my company reserves right to terminate her employment because she is expecting a baby and the company does not want to give her the maternity benefits twice? please share your views and guide me through this as I am into a process of revising all the HR policies.
Isaac Gabriel
01 May 2014 at 04:51
Disciplinary action and criminal case are founded on the same matter.Department awarded a punishment of reduction in rank.But criminal case ended in honourable aquittal after seven years.The department refuses to revoke the punishment.Is there any legal remedy?
Deepika
30 April 2014 at 21:47
Hello Sir,
I and my husband are both working for the same PSU bank where my husband is posted in Tamilnadu & I am posted in Chhattisgarh. I had applied for spouse ground transfer to Tamilnadu and even received the transfer orders from the central office where it is mentioned that my services have been transferred with immediate effect in the month of January. But the problem is that I am yet to be relieved from Chhattisgarh and its been 3 months post the transfer orders. Our transfer policy says that "it is at the discretion of the bank to issue transfer orders on such ground subject to vacancy in the concerned state to where transfer is sought". There is no mention of any reliever for excersing spouse ground transfers. Everytime I approach them, they talk of substitutes.
Please sir, I request you to kindly advice on this matter and throw some light on the spouse ground transfer if actually having a substitute is a criteria for effecting spouse ground transfers and is there any time frame within which such transfers should be effected as per Govt guidelines.
shri shesh dixit
29 April 2014 at 20:35
SIR,
my father was working in bsnl lucknow as a PA to DGM and his service was left about 9 years . he was expired on 24 march 2014 .bsnl officer is saying that you can not get the job because your father have a own home and your mother will get pension .when my fathe got the job that time department of telecom was the department of central government so is it possible that bsnl can denie
sir please tell me if any provision in constitution
ANIRBAN DAS
29 April 2014 at 19:35
Dear Sir,
I would like to state that I am B.Com. and serving in Central Board of Excise & Customs Department in SYSTEM BRANCH from 2006 as contract basis on very low remuneration.
In this regard, i have any chance to confirm my job or how can i increase my remuneration??
shweta
29 April 2014 at 17:23
a case was registered against me u/s 107/150. i was not arrested but got a bail from sdm office. simply went to sdm office for 6 to 7 times to sign in a register.after few months i was discharged.
1, m i eligible for govt job
2, i was prosecuted or not
3, do i need to mention same in govt job forms
4, in police verification what will be there
feedback.
5, also my name was misspelled in fir, is it favourable to me
Pracheen
29 April 2014 at 12:32
R/Sir,
I had worked for Tulip Telecom Ltd. I left the company in Nov 2012 after completing my notice period and have worked there for about 8 years. The company went into financial crisis due to fraudulent and irregular practices and last month the CMD got arrested for Service Tax evasion.
I received a relieving letter with full and final settlement details after I left the company but did not received my FnF amount including salary for the last month as well as gratuity and other dues. Moreover the company has not deposited provident fund since May 2012 and even the TDS deducted is not deposited with IT dept.
I have already sent couple of emails and letters requesting release of payment but have got no response. I need guidance as to whether the money is recoverable and if yes, how should I go ahead?
Regards,
Pracheen
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Gratuity and salary
Hi,
From last 14 years i am working in website design and software development company. It's Pvt. Ltd. company.
Now our director decided to close down our company and ready to shift us in his another company but i am quite interested to join that company.
My company not pay me my salary from last 5 months and 2 years loyalty bonus, when i request my director he told me right now i don't have fund so i will pay your outstanding when i will get funds and it can take 6 months or 1 year.
Now i have decided to leave company, so i want to know what is my rights in Pvt. Ltd. company? Can i get gratuity? If then how i will claim for my gratuity?
Company not bifurcate salary with any allowances, from starting i received my salary without any bifurcation total CTC. Company gave me all salaries and loyalty bonus through the bank(salary account).
One of our company consultant told us that in Pvt. Ltd. farm if company not give you anything then you can't do anything, you can file any claim on directors. Is this true?
Please guide me how i will get my salary, loyalty bonus and gratuity amount from my company, i don't want do any legal case till i will get everything without any disputes but if any disputes come then can i file legal case for this?
Regards,
Rahul