(Querist) 11 June 2021
This query is : Resolved
I am working in Ministry of Finance (GOI). During my transfer(ICT) , My dept has violated the DOPT guidelines and I hence approached to central administrate tribunal. & parallel y dept has stop my salary by transfer my file to the GST dept where I was transferred . .Central administrate tribunal has set aside the transfer order and order the dept to allow me join my original position . Since last 19th month I am not getting any salary. Now my dept. has move to High court . Can I file the following claim during high court proceeding 1) My all salary with 18% interest per month 2) My all leave during court proceeding period 3) All the legal expanses with 18% interest per month that I have incurred for court proceeding 4) Personal penalties to the head of the dept of Rs 5000 per month with 18% interest per month who has issued transfer order 5) Can my lawyer issue SUMMON to the head of the dept who has issued transfer order
(Expert) 11 June 2021
You have already engaged a lawyer, follow his guidance. However, the interest, legal expenses and penalties etc. will not be paid. The Department automatically file an appeal. Before filing appeal, you shall request the authorities to pay your salary and sanction of leave. Otherwise your salary and sanction of leave are delayed till the disposal of the case.
(Expert) 12 June 2021
Yes you already have a lawyer and the lawyer will guide you. Better to get clarity from your lawyer is more authentic
Advocate Bhartesh goyal
(Expert) 12 June 2021
Why did you keep mum for 19th months long period ? You ought to have filed contempt petition against your Dept for not obeying Tribunals order .Anyway issue immediately notice to your Dept and ask them to release your due salary and leave benefits. You may also raise these points before H.C during course of arguments.
No government department can / shall withhold salary of an employee on the issue of transfer from one organisation to another. Unbelievable.
However, if your statement is true, what action did you initiate for recovery of dues, when your case was pending in CAT ? Did you inform CAT that your salary has been stopped by the department?
What is the advise of your lawyer who is well aware about facts and circumstances of the case, an able, competent and intelligent enough to satisfy you ?
(Querist) 13 June 2021
Thank you for the reply. Please note that Customs department has transferred me to GST department and released me on WhatsApp, on the same day they have transferred my file to GST department. As salary account of GST and customs is different and GST department is telling that as I have not yet joined in GST department, so they are unable to release my salary. And the Customs department is telling that " we have released the employee". And everybody is silent about court order issue as nothing is mentioned about my salary part in the order. This is how government of India and our democracy is running
(Expert) 13 June 2021
This is your third query. The facts posted in each query are inconsistent. Please come clean with facts. Moreover, case status does not reveal of any OA filed by Pankaj Dev.
T. Kalaiselvan, Advocate
(Expert) 13 June 2021
First thing that you should be ware that your lawyer is not an authority to issue summons to yoru HOD, he can send a legal notice or can file a case on your behalf against the HOD for the reasons you rely upon. If the deprtment has approched the high court with an ppeal, you should have filed an application before high court to pass an interim order to the department concerned to not to withhold your salary and to pay them regularly till the disposal of the appeal pending before them. If your department had not obeyed the orders of CAT, then you could have moved a petition before the tribunal for contempt of court against your department then itself instead of allowing sufficient time for your department to prefer an appeal especially while the department intentionally held your salary payment even before preferring the appeal before high court. The lapse is on your side for not following the case properly. If you feel that your lawyer is not cooperating properly or not competent enough you may mercilessly change your lawyer instead of continuing to suffer due to your lawyer's incapability or some other reason.