I am working as group B junior telecom officer in BSNL .one year back (august 2011) the SDE who happens to be my reporting officer withheld my monthly salary by showing me absent without intimation in the monthly absentee statement demanded by account section. As per my job profile there are no fixed duty hours and i am expected to work as and when situation warrants .In my case there is no system of signing attendance register .from last ten years I have never signed any attendance register and was drawing my salary regularly without any break. I have sufficient evidence of my presence and total work done during that month. In spite of representing my case to my higher officers they refused to intervene and I was forced to give 4 days’ EL by my controlling officer to release my salary. As per service conditions and officers hierarchy given by BSNL my disciplinary authority is deputy general manager. In my view the SDE who happens to be only higher order group B officer do not have any powers to withheld my salary without following due procedure such as calling for an explanation or memo and then duly reporting the matter to my disciplinary authority for further action after my disciplinary authority approves for such an action. The funniest part of the absentee statement demanded by account section is that the SDE is showing me absent without intimation but is showing himself present without countersignature by his controlling officer. I am planning to take legal action against the SDE for unnecessary harassing me to settle his personal grudge with me.
Do I have a solid case against the SDE and will it be admitted because of delay (almost more than one year).all the legal experts in administrative/service laws and members of lawyers club India are requested to shed more light and give their valuable suggestions and advice.
AMANDEEP SINGH
07 October 2012 at 08:50
sir , but sro 43 contained in notification,jammu,the 22nd feburary,1994 by govt. of j&k genaral admin. deptt. the family income bar is only on a civilian who dies as a result of militancy related action and is confined to 5000 per month . no family income bar is mentioned in case of state govt. employee who dies in harness.so why it would be a problem for me to get appointment on compassionate basis in case of my family income exceeding 4 lakh ?
AMANDEEP SINGH
07 October 2012 at 08:44
sir , my family's income exceeds Rs.4 lakh as my mother is govt. employee . shall this not be a problem in givinng me compassionate appointment after my father's death which was in service govt. employee ?. i am unemployed graduate and 22 years old
Daljit Singh Mann
05 October 2012 at 21:17
Respected Advocates,
Please tell me how many days of maternity leave are provided in Maternity Benefit Act and please also tell me the related section.
Thanks
nilesh j rathi
05 October 2012 at 21:01
sir,
a person joined the service in I.T. Dept.in the year 1975.
and was suppose to retire in 31 mar 2010.
on 14 mar2010 he was chargesheeted for having married again without legally giving divorce to first wife .thus contravening rule 21 ccs.
on 15 mar 2010 he was suspended.
discipilinary action initiated and he was
dismissed on 29 mar 2010.
only 2 days before his retirement date.
is he eligible to retiement benefits, pension etc, as he has honestly served the dept f0r about 34 years and 11.5 months fof his life.
his dismissal order does not whispher about withholding his benefits rule 8 and 9 pension ccs
please guide
Manjit
05 October 2012 at 18:29
I am appointed as LDC in District Court in District 2003 but on the order of Delhi High Court I was sent to Delhi High Court on Diverting capacity on September 2012 for further order. I am getting salary from District Court. No sarvice or monetary benefits are given by Delhi High Court to me. What is the rules of Diverting capacity. How long an employee can be work on Diverting capacity. Whether he can get any service or monetary benefits while working on diverting capacity.
PANKAJ AGARWAL
05 October 2012 at 17:14
Hello Sir
My name is Pankaj and i am engaged in small business of Hiring of Crane from kolkata. Last year i had given my crane on hire to a Pvt Ltd from Gujarat for a work in westbengal. An amount near about 1 Lac is kept outstanding from November 2011, i have tried to contact the company hundreds of time but everytime they say "paise nhi hai jab hoga to dedenge" everyday a new date and excuse is given to me. When you visit their website it shows they are bagging projects worth Rs crores and crores. Now they don't even take my calls. I have lost all my hope, What can i do legally to claim my money.?? Please help..
I have got the certified copies of invoices raised also i received an statement from the company which reflects the total amount due.
anil verma (registeronlyfree)
04 October 2012 at 22:30
An employee refuses to file documents, further chooses to reframe from evidences leading and arguments resulting into ex-parte order by labour court.
can an employee chanllenge the validity of order before high court saying the issues framed are not dealt in a manner it should have been?
does he have any right to claim the validity of issues framed to be answered according to the law in the absence of deliberate re-framing at the fag end of proceedings.
pravin chauhan
04 October 2012 at 14:40
i,ve resigned from northern railway after 3.5 years of service in march 2004. As i was not aware of technical resignation and simply put resignation to join the ordnance factory under min of defense after selected through upsc. i,had already obtained the noc from railway to appear in interview and accordingly joined my new job with MOD after giving resignation. whether i am eligible to get my past service counted to present service so that i can get the benefit of old pension scheme. kindly advice me.
Lien on government post n
sir i have joined a central university(applied through proper channel) after quitting central government job can i have lien on previous post if so under what rule please help me. I have read that lien will be for government to government. please clarify with relevant rule position