Ashok Kumar Adhikary
21 March 2014 at 17:09
Dear EXPERTS,
As per advice of the experts I had filed a Writ Petition in the Honourable High Court of Odisha.
Please find the Order and Bank’s decision enumerated here below:
ORDER Of the Honourable High Court of Odisha Dated 05.02.2013
The learned counsel appearing for the petitioner submitted that the government of India, Ministry of Finance has issued a circular as follows:
F. NO.302/33/2/87-SCT(A)
Government of India.
Ministry of Finance
Deptt. Of Economic Affairs
(Banking Division)
New Delhi, Dated 15.2.1988
All Chief Executives of Public Sector Banks And Financial Institutions RBI/NABARD .
SUB : Posting/Transfer of Physically Handicapped employed in public sector banks/financial institutions.
Sir,
Representations have been received that in view of their physical disability bank employees who are physically handicapped may be exempted from routine periodical transfers from places of their original postings/appointment. Earlier the Government had issued instructions vide letter No. 302/33/2/87-SCT(B) dated 31st August,1987 that BSRBs should endeavour as far as possible to allot the selected physically handicapped candidates to banks having branches located in or near their home town or village. The question of their posting/transfer has also been considered in the same context and it has been decided that subject to the administrative exigencies, the physically handicapped persons employed in public sector banks in all cadres should normally be exempted from the routine periodical transfers. It has been decided that such persons should not normally be transferred even on promotion if a vacancy exists in the same branch/office, town/city. When the transfer of a physically handicapped employee becomes inevitable on promotion to a place other than his original place of appointment due to non-availability of vacancy, it should be ensured that such employees are kept nearest to their original place of posting and in any case are not transferred to far off/remote places.
This concession would not be available to such of the physically handicapped employees of the banks who are transferred on grounds of disciplinary action or are involved in fraudulent transactions, etc.
The receipt of this letter may be acknowledged.
Yours faithfully,
Sd/-
(V.P. Sethi)
Deputy Secretary to the Govt. of India.
He further submitted that though the petitioner has filed a representation before the Chairman and Managing Director – opposite party on dated 27.10.2014 highlighting all his grievance, no action has been taken as yet.
REPRODUCING THE REPRESENTATION DATED 27.10.2013
From
Sri Ashok Kumar Adhikary (64857), Manager Designate
ATM Cell, CO Bhubaneswar
Residence:Flat No C/303, Block 2
Sri Jagannath Enclave, Damana,Chandrasekharpur
Bhubaneswar-751016
To
The Chairman and Managing Director
Canara Bank, P M Section
H.O. Bangalore 560002
Sir,
SUB: Retention at Bhubaneswar on my promotion in the light of order of the Honourable Deputy Chief Commissioner for Persons With Disabilities dated 24.10.2013, Case No 562/1022/2013 (copy enclosed)
With due regards I would like to inform that I have been promoted to Scale II during Canara Bank’s promotion process in Sep/Oct 2013. Accordingly I was forcefully relieved on transfer to Guwahati Circle on 21.10.2013 despite my request for retention at Bhubaneswar in view of my physical disabilities. In the meantime, since the bank turned down my request, I had appealed the Honourable Chief Commissioner for Persons with Disabilities, New Delhi for my retention at Bhubaneswar and they have favourably considered my case and issued necessary order to your august office for necessary action vide their letter no Case 562/1022/2013 dated 24.10.2013.
I have already produced/shown above orders of the Chief Commissioner and legal provisions , copy of DOPT and Finance Ministry Notifications to Deputy General Manager, CO Bhubaneswar and repeatedly requested him to consider my request for retention at Bhubaneswar. I have produced my disability certificate to the bank way back in 2006 and also bank is allowing me income tax rebates/relief/exemption as per provision of Income Tax Law. Despite that DGM CO Bhubaneswar has not considered my request for retention at Bhubaneswar, but has considered the request of another promotee manager Mrs Neeta Ojha. It is also to place on record that during regular promotion 2013, several managers/senior managers have been retained in the same seat without transfer.(e.g.Senior Manager, HRM Section, CO Bhubaneswar and many others). This is discrimination on the part of the Deputy General Manager, CO Bhubaneswar.
PRAYER:
Since my transfer order compels me to report at CO Guwahati by 28.10.2013, I am proceeding to Guwahati under duress complying with bank’s order despite inconvenience arising out of my physical disability with fond hope that my transfer will be reversed to Bhubaneswar at the earliest.
Thanking you.
Yours faithfully,
E-mail:ashok.adhikary71@rediffmail.com
Bhubaneswar
Date-27.10.2013 (Sunday)
In view of the above, this Court disposes of the present Writ PETITION directing the Chairman and Managing Director – opposite party to consider the representation filed by the petitioner on dated 27.10.2014 in terms of the Government of India Circular dated 15.02.1988 issued by Ministry of Finance and pass necessary orders, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of this order.
SD/-
JUSTICE SANJU PANDA
Now Chairman and Managing Director of Canara Bank Passed the following Order dated 05.03.2014
“As per the directions of the Honorable High Court of Odisha dated 05.02.2014, I have examined the representation of Sri A K Adhikary. It is a fact that Sri Adhikary has already joined Guwahati Circle on 28.10.2013 and remained unauthorizedly absent thereafter. The Court of Commissioner for Disability, Government of India has also heard his case and directed him to resume duty at Guwahati Circle. However, it is noted that he has not resumed duty. Since, his promotion is under Special Promotion Scheme and all India transfer was one of the stipulations his case lacks merit. However, his case may be considered empathetically during the next general transfer, if he applies for any posting under Bhubaneswar Circle.”
ORDER OF THE CHIEF COMMISSIONER FOR DISABILITY DT 11.02.2014 AS FOLLOWS:
This court is of the view that the complainant should resume active duty with immediate effect and on assumption of such active duty by the complainant, the respondent should actively examine and consider the complainant’s case afresh keeping in mind the relevant guidelines and hardship, if any, faced by the complainant.
The matter stands disposed off accordingly.
Now my query is can I go for filing a contempt in the High Court of Odisha ?
Is it maintainable in the Same Court ?
Should I file another Writ Petition challenging CMD’s order in High Court ?
Should I file Writ in Guwahati High Court ?
Please advise me the legal options available to me. Bank has stopped my salary since January 2014 without any information or explanation to resume duty earlier.
Pravin Naik
20 March 2014 at 18:47
a person has been dismissed from his post on 14/03/2013 on arbitrary grounds. there was no sound reason or logic behind his termination. he suffered from depression and went to his native place. is it possible now to file a complaint against the director and the company after a gap of more than 1 year. will the delay be condoned?
Shamsher Singh
20 March 2014 at 18:44
Dear All,
Greetings
I had Joined Axis cars pvt limited in 22 Oct2012. since day one there is issue of slary payment from the employer end and in month of Dec 2013 Mr Rishikant Sharma MD told me to resign from the post and told me not to visit office because he want me to make a keen eye on the other staff member after the working hours of office as this member have a habit of drinking. i told him many time that it his personal matter after office hours we can only say anything if this will effect our work at night and if we are capable enough to handle the task then we cant do this . but he told me that what is this you cant disobey my order anyhow i you will not follow my order no need to visit office from tomorrow i said no problem Sir i will not visit office from tomorrow kindly clear all my dues and the expenditure which i made for axiscars in last few months. he said what is amount i said it 1.60 lac \. he immediately cut the cheque of 80k immediately and dated it of 31st dec 2014. and gave it to me. But on 31st he only paid 15 k in my account and that he deposit in my account i called him he said hold the cheque for few days as there is financial issue. and after much of persuation he paid 10k more. after one week when i called him for the depostion of cheque he told me he will pay once the payment will be retrieved by the client in few days i waited and tried calling him but he did not picked my call and after few calls he pulled my calls on Barring. and after that he called when he need a old mail from me to Amex and mailed him and told me in one week he will pay me the balance 1.40lkh. but on 26 jan he called me for another mail i again send the mail but about my salary he said hold on on 28 Jan he paid 5k to my account. and when i called he did not picked the phone then on 30th January 2014. I went to meet him for salary he abused me and my Family after that he called his inlaws to beat me because i m being demanding and i got scared and called on 100 for help . till the time police made a visit his inlaw N NEIGHBORS office people came there because he was shouting on me and telling "dekh BC aaj tujhe mere saale batut on aynge kya hoga tere sath tuu janta nhi h Humme" i i said dekhte h because i also called police. when his inlaws listen that the police is on the way they tried to threaten me kya kregi police humara Hum subha sham police k sath hi ghumna or uthna baithna h" then due to police interception Rishi K Sharma said the payment will be made soon in front of neighbor / Police/ Other people of society. but when i i asked for salary on dated 31st over mail he straight away refuse to make the payment and said if i will came to ask for salary he will file a complaint that i had attacked him and inlaws will take care as they have political background and now when ever i calls him over teh phone still he did not pick the call and no revert from his end . the cheque gave to me was bounce on dated 14th Feb 2014..
Kindly help me to sort this issue and advice me what i can do to solve this issue. I have all the mail since july 2013 in which i asked for the salary and have bank statement in which all the chque and transaction was made from his acount to
my account.
Regards
Shamsher Singh
Ashok Kumar Adhikary
20 March 2014 at 12:45
Dear experts please find bank's order attached for your valuable advise.
Ashok Kumar Adhikary
20 March 2014 at 12:34
AS ADVICED BY THE EXPERTS I HAVE FILED A WRIT IN THE HONORABLE HIGH COURT OF ODISHA.
But Bank is not effecting my transfer to Bhubaneswar immediately with in the four week time already passed. please find the court order and bank reply and guide me what to do next.I am attaching bank's order in my next query.
Srinivas Jerripothula
20 March 2014 at 11:59
Dear Sir/Madam
One of my friend has own software company. His employee has submitted expense reimbursement slips after three months. Will you please suggest can it will be reimbursed after three months. They dont have any policy for this as off now. Please suggest sir and please give any references if you have.
Thanks & Regards,
J. Srinivas
Advocate
kamaraj
19 March 2014 at 21:04
I was appointed as B T AssT in a tamilnadu govt aided school in 21-09-1992.I got two incentives for M.sc and M.Ed from that date of appointment.I got one increment for selection grade in that post.In 12-03-2004 I was promoted as P G asst and working till date. My friend X was appointed on 20-10-1992 (one month junior) as vocational instruc ter with same scale of pay . He got two incentive and selection grade recently.Now he got Rs 7000 more than me. Both have two incentive and selection grade in different period . H M says that I can not compare the salary of my junior because we are in differt category.Now I am P G asst getting very much less than junior in service and junior in category. please guide me
PANKAJ TIWARI
19 March 2014 at 18:38
Me adhyapak ke rup me bhilwara jile me school me karyarat hoo va mere pati chittorgarh jile me rahte hai aur mera ek 5 sal ka baccha hai jo ki mere
Saath hi rahta hai va use febrile seizure ki problem hai va bar bar bukhar aane par use hospital me bharti karana padta hai aur akeli rahne ke karan koi dekhbhal karne vala bhi nahi hai aur mahila hone ke karan aap meri stithi bhi samaj sakte hai.
Sarkar ne hamare transfer ke koi niyam bhi nahi banaye hai aur hamari sabhi seva sharte dusre adhyapako ke saman hai bas fark sirf transfer policy ka hai
Is stithi me aap mera margdarshan kare kya me bacche ki bimari ke ground par court me vishesh paristithio ke antargat apne transfer ke liye prarthna kar sakti hoo.
Sunil Kumar
19 March 2014 at 13:56
We are a small software development company with 10-15 employees .
We are taking fresh engineers on trainee basis for six month probation period and offering them stipend . On their offer letter we mention that there is 30 days notice period to left the job .
In failing to do so they have to deposit Rs. 50,000/- what company has invested on their training.
But mostly candidate do not giving any notice after 3 to 4 months and after getting their salary , they are not coming to office . Even they do not call to tell us that they had left the job.
Is there any way we can send them legal notice or can recover money we had spent on their training .
Plz advice .
Sunil Kumar
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My transfer to a far off place guwahati in canara bank against the govt. guidelines for pwd
Dear EXPERTS,
As per advice of the experts I had filed a Writ Petition in the Honourable High Court of Odisha.
Please find the Order and Bank’s decision enumerated here below:
ORDER Of the Honourable High Court of Odisha Dated 05.02.2013
The learned counsel appearing for the petitioner submitted that the government of India, Ministry of Finance has issued a circular as follows:
F. NO.302/33/2/87-SCT(A)
Government of India.
Ministry of Finance
Deptt. Of Economic Affairs
(Banking Division)
New Delhi, Dated 15.2.1988
All Chief Executives of Public Sector Banks And Financial Institutions RBI/NABARD .
SUB : Posting/Transfer of Physically Handicapped employed in public sector banks/financial institutions.
Sir,
Representations have been received that in view of their physical disability bank employees who are physically handicapped may be exempted from routine periodical transfers from places of their original postings/appointment. Earlier the Government had issued instructions vide letter No. 302/33/2/87-SCT(B) dated 31st August,1987 that BSRBs should endeavour as far as possible to allot the selected physically handicapped candidates to banks having branches located in or near their home town or village. The question of their posting/transfer has also been considered in the same context and it has been decided that subject to the administrative exigencies, the physically handicapped persons employed in public sector banks in all cadres should normally be exempted from the routine periodical transfers. It has been decided that such persons should not normally be transferred even on promotion if a vacancy exists in the same branch/office, town/city. When the transfer of a physically handicapped employee becomes inevitable on promotion to a place other than his original place of appointment due to non-availability of vacancy, it should be ensured that such employees are kept nearest to their original place of posting and in any case are not transferred to far off/remote places.
This concession would not be available to such of the physically handicapped employees of the banks who are transferred on grounds of disciplinary action or are involved in fraudulent transactions, etc.
The receipt of this letter may be acknowledged.
Yours faithfully,
Sd/-
(V.P. Sethi)
Deputy Secretary to the Govt. of India.
He further submitted that though the petitioner has filed a representation before the Chairman and Managing Director – opposite party on dated 27.10.2014 highlighting all his grievance, no action has been taken as yet.
REPRODUCING THE REPRESENTATION DATED 27.10.2013
From
Sri Ashok Kumar Adhikary (64857), Manager Designate
ATM Cell, CO Bhubaneswar
Residence:Flat No C/303, Block 2
Sri Jagannath Enclave, Damana,Chandrasekharpur
Bhubaneswar-751016
To
The Chairman and Managing Director
Canara Bank, P M Section
H.O. Bangalore 560002
Sir,
SUB: Retention at Bhubaneswar on my promotion in the light of order of the Honourable Deputy Chief Commissioner for Persons With Disabilities dated 24.10.2013, Case No 562/1022/2013 (copy enclosed)
With due regards I would like to inform that I have been promoted to Scale II during Canara Bank’s promotion process in Sep/Oct 2013. Accordingly I was forcefully relieved on transfer to Guwahati Circle on 21.10.2013 despite my request for retention at Bhubaneswar in view of my physical disabilities. In the meantime, since the bank turned down my request, I had appealed the Honourable Chief Commissioner for Persons with Disabilities, New Delhi for my retention at Bhubaneswar and they have favourably considered my case and issued necessary order to your august office for necessary action vide their letter no Case 562/1022/2013 dated 24.10.2013.
I have already produced/shown above orders of the Chief Commissioner and legal provisions , copy of DOPT and Finance Ministry Notifications to Deputy General Manager, CO Bhubaneswar and repeatedly requested him to consider my request for retention at Bhubaneswar. I have produced my disability certificate to the bank way back in 2006 and also bank is allowing me income tax rebates/relief/exemption as per provision of Income Tax Law. Despite that DGM CO Bhubaneswar has not considered my request for retention at Bhubaneswar, but has considered the request of another promotee manager Mrs Neeta Ojha. It is also to place on record that during regular promotion 2013, several managers/senior managers have been retained in the same seat without transfer.(e.g.Senior Manager, HRM Section, CO Bhubaneswar and many others). This is discrimination on the part of the Deputy General Manager, CO Bhubaneswar.
PRAYER:
Since my transfer order compels me to report at CO Guwahati by 28.10.2013, I am proceeding to Guwahati under duress complying with bank’s order despite inconvenience arising out of my physical disability with fond hope that my transfer will be reversed to Bhubaneswar at the earliest.
Thanking you.
Yours faithfully,
E-mail:ashok.adhikary71@rediffmail.com
Bhubaneswar
Date-27.10.2013 (Sunday)
In view of the above, this Court disposes of the present Writ PETITION directing the Chairman and Managing Director – opposite party to consider the representation filed by the petitioner on dated 27.10.2014 in terms of the Government of India Circular dated 15.02.1988 issued by Ministry of Finance and pass necessary orders, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of this order.
SD/-
JUSTICE SANJU PANDA
Now Chairman and Managing Director of Canara Bank Passed the following Order dated 05.03.2014
“As per the directions of the Honorable High Court of Odisha dated 05.02.2014, I have examined the representation of Sri A K Adhikary. It is a fact that Sri Adhikary has already joined Guwahati Circle on 28.10.2013 and remained unauthorizedly absent thereafter. The Court of Commissioner for Disability, Government of India has also heard his case and directed him to resume duty at Guwahati Circle. However, it is noted that he has not resumed duty. Since, his promotion is under Special Promotion Scheme and all India transfer was one of the stipulations his case lacks merit. However, his case may be considered empathetically during the next general transfer, if he applies for any posting under Bhubaneswar Circle.”
ORDER OF THE CHIEF COMMISSIONER FOR DISABILITY DT 11.02.2014 AS FOLLOWS:
This court is of the view that the complainant should resume active duty with immediate effect and on assumption of such active duty by the complainant, the respondent should actively examine and consider the complainant’s case afresh keeping in mind the relevant guidelines and hardship, if any, faced by the complainant.
The matter stands disposed off accordingly.
Now my query is can I go for filing a contempt in the High Court of Odisha ?
Is it maintainable in the Same Court ?
Should I file another Writ Petition challenging CMD’s order in High Court ?
Should I file Writ in Guwahati High Court ?
Please advise me the legal options available to me. Bank has stopped my salary since January 2014 without any information or explanation to resume duty earlier.