Dharmender Singh Majoka
14 October 2011 at 19:31
1. I , Dharmender Singh(Ex- Deputy Commandant) was an employee of Para-military Force(BSF) from January 11, 1999 to July 26, 2006 and was posted in 13 Battalion. During the m/o January, 2006 Reserve Bank of India advertised for the post of Assistant Manager(Security) Group ‘A’ in the Pay Scale of Rs. 11250-700-22500. I applied for advertised post Through Proper Channel and requested to Govt. of India to issue of NOC, in addition to that I forwarded an advance copy to RBI also. I was conveyed NO Objection Certificate on May 1, 2006 by the Department. The application was also forwarded by Department (BSF) to RBI vide letter No.11/6959/99-Pers/BSF/Pt./20606-09 dated May 26, 2006. Subsequently I was called for interview and got selected for the said post in RBI. I was directed by the RBI to join said post. On June 19, 2006 I tendered my Resignation/Technical Resignation. The Technical Resignation was recommended and forwarded by IG Hq.
2. The resignation was accepted by Govt. of India vide vide MHA Dy. No. CR- 60936/2006/P-111 dated July 12, 2006 and conveyed me by BSF vide letter no. 22/26/2006/Pers/BSF/32263-303 under Rule 26 of CCS(Pension) Rules- 1972 read with Rule-19 of BSF Rules 1969 with remarks that “ Shri Dharmender Singh, Deputy Commandant, IRLA No. 19975979 of 13 BN BSF has already been permitted to apply for the post of Asst. Manager(Security) in the Reserve Bank of India in the pay scale of Rs. 11250-22500 vide MHA Dee. No. 16899/2066/P-111 dated April 18, 2006 as such the benefits under Rule 26(2) of CCS(Pension) Rules- 1972 will be admissible to him” and I was released from Unit(BSF) on July 26, 2006 to take up the appointment in RBI as Assistant Manager(Security) and I joined RBI- Nagpur office on July 31, 2006.
3. On April 4, 2007 I sent a request letter to Account Officer, PAD (GO section), BSF for release of Gratuity amount but no response received. Whereas I was informed by 13 BN BSF that DCRG bill of Rs. 2,38,917.00 was sent to PAD(GO section) on December 13, 2006 vide bill no. 70.
4. On getting no response from Account Officer, PAD again I forwarded request letter to DG, BSF and MHA(GOI) on February 19, 2008 regarding release of Terminal Retirement benefits to undersigned or to transfer to my present employer (RBI). Finally I was conveyed by BSF vide letter no. PAD/BSF/PG-1/T-24/2008/475-77 dated July 25, 2008 that the service under Reserve Bank of India & H.A.L. do not qualify under CCS(Pension) Rules. Therefore no pensionary benefits are admissible for the service rendered in these cases.
A. Sir, till date neither I got my terminal retirement benefits nor the same has been transferred to RBI. Please advise me whether I am eligible for Service Gratuity, Retirement gratuity and full leave encashment or not.
( Dharmender SINGH )
09646018095
Rizwan Pathan
14 October 2011 at 12:36
Dear Experts,
One of Factory inspector form our area was come foe visit at our plant and found that the I Cards of contract worker is not there and some contract workers are working our premises without there name on contractor muster. By inspecting this Factory inspector told that he take legal action against us for this violation of law and file criminal case too the same he mention in his visit remark book too.
Please give me your opinion to cope up with this situation.
Here i clear one thing all the workers who caught by Inspector are working under contractor no one is on company payroll.
Regards,
Rizwan Pathan
Anonymous
14 October 2011 at 11:45
Dear Sir/Madam,
My employers have in my offer letter have written that i need to serve a notice period of 90 days or pay an equivalent amount of salary to be relieved. As i know that no employer has the right to ask employee to serve a notice of more than 30 days. Are they right in doing so and writing that clause in the contract. This is a common norm in the banking Industry.All the private banks write in their letter of offer the same thing. But my query is specific to me only. What can i do if decide to resign and serve a notice of 30 days and i also dont want to pay my organisation anything. Will i be right.
Dharmender Singh Majoka
13 October 2011 at 18:33
I joined RBI, Nagpur on July 31, 2006, after rendering 7 years and 6 1/2 months service in Border Security Force (BSF). At the time of release from BSF I was drawing Salary Rs. 27000/- (Basic Pay+ Dearness Allowance. The Bank fixed my basic Salary Rs. 14050/- by granting only benefits of four increments over the minimum of pay scale from the date of appointment vide Office Order No. 119/2006-07, dated March 23, 2007 issued by Nagpur office. Accordingly drawn salary comes to Rs. 17084/- (Basic Pay + DA) that makes a difference of Rs. 10000/-. I am along with other five officers who joined RBI also effected the pay protection policy of our Banks.
2. I applied through proper channel and obtain No Objection Certificate from Govt. of India (MHA) to join Reserve Bank of India as an Assistant Manager (S), was fully hopeful that my pay fixation will be done as per pattern of other Assistant Manager (S) joined in security set up i.e. benefits of advance increments equal to the number of years of previous service will also be granted to me. After joining, I found that Salary of other Service Officers have been protected after granting them advance increments equal to the number of years of previous service but it is not done in the cases of Security Officers who are from Central Paramilitary force as BSF, CRPF etc. who joins RBI in the year 2006.
3. Sir while advertisement of the posts the Bank asked five years experience as eligibility criteria for all officers either they are from Army,Navy, Airforce ,BSF or CRPF. But our organization is extending pay protection facility to Ex. Service officers only including counting of their ‘previous service’ for Pension. The officers who are from BSF/CRPF have been granted only four increments. Whereas they are having same kind of experience, recruited by the same services board and presently performing the same kind of duties. Owing to discriminatory pay fixation policy of the Bank the A.M.(S) from Army background who joins Bank’s service two/three years later( Year 2009) are drawing more salary (approximately Rs. 5000/ per month) than Paramilitary officers who joined Bank service (year 2006) as AM(S) after rendering seven to ten years service in their respective organization viz BSF, CRPF etc.
4. Due to extending the pay protection facility to one particular section of employees of specialized cadre (Security Officers) and depriving very few (Five/Six Security Officers) makes certain adverse effects on security set up as – (a) morale and motivation of the officers those are drawing less salary from their juniors, (b) work culture in the office and (c) discipline of the security cadre.
Sir, Keeping in view of above whether our salary can be fixed as being fixed of Ex- army officers in RBI.
Bank's Reply- Sir, I had made a representation to Reserve Bank of India during the year 2009. Bank replied me that your pay fixation has been done according to RBI Staff Regulation. accordingly I have been granted only four increments but in the cases of Ex- army officers who joins bank's in the specialist cadre like me, have been fixed as per the Govt of India instructions. i.e. they have been granted increments equal to number of years service renedred by them in the Armed forces. Bank also replied that for paramilitary officers they do not have any guidelines from GOI so my salry has been fixed as per RBI staff Regulation.
As far as concerned of advertisement, Bank had mentioned that additional increments will be granted maximum four to the officers who are having relevent experience. but it was not mentioned that this will be applicable for paramilitary officers or armed forces officers. I would like to mentioned that my resignation was accepted by GOI under CCS Pension rule 1972,26(2).
Please guide me further.
Regards
Dharmende Singh Majoka
Regards
Dharmender Singh
09646018095
sukhpal singh
13 October 2011 at 17:59
Sir
Can an employee be suspended by management without showing any cause?
Is there any remedy for the suspended employee to file a writ to revoke the suspension or stay on it?
In this case, noting on the suspension order is "As there is misappropriation in the Branch, you are hereby suspended till further orders".
What the suspended employee should do?
Adv.Anand Majumdar
13 October 2011 at 14:19
can anybody give me any citation for inquiry should be completed within six months? show cause notice was given to me in 2008 and charge sheet was issued to me in March 2010 and i am retired and charges are of minor nature under rule 10 of Maharashtra Civil services? pls can anybody help me in this
AK PUNDIR
13 October 2011 at 10:55
Dear Sir / Madam,
Please guide me / give me advice regarding carrier in following laws " EPF, ESI, VAT, Income Tax, Service Tax Factory ACT, Pollution Act, Labour law (in short law related with industries).
Thanks
sunil kumar dubey
12 October 2011 at 16:18
Dear Sir,
Pl. confirm the minimum wages in u.p. w.e.f. 01.10.2011 to 31.03.2012.
thanks and regards.
sunil kumar dubey
Anonymous
12 October 2011 at 04:08
I joined an start up IT company as their financial controller. It was only after joining that i found out that the company was not financially sound, but i continued to work on promises that the situation would get better. I worked there for 6 months and have not recieved even one months salary payment. A salary account was opened in my name and subsequently closed on my resignation. I served out all the obligation regarding resignation and was issued my relieving letter. But was promised that i would be subsequently paid my salary. But i have received only false promises and now it is almost 11 months since my resignation. I recently found out that the company has wound up. What is the legal option that i have for recovering my dues?
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Forcing to give letter
An employee, with respectable designation in top/middle management cader of an organisation; asked by his employer to quit the job; instead of a termination;it is a forceful resignation.
The employee also agrees for the resignation; and now
the employer forcing an employee to give a letter of not revealing the secrets of the company; and
being employed in the similar organisation (particularly meaning the competitors)
Failing which the settlement will be done by the employer
Experts please advise,
a) what will be the consequence if the letter is given
- the employee will get settlement
- even after giving the letter also he can reveal the secrets or join with its competitor.
b) what will be the consiequence if the letter is not given
- employee will not get settlement; take a long route for a rightful claim.
- without giving the letter also he can reveal the secrets or join with its competitor.
Advise the employee...!!