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Lukewarm delay in payment of my salary govt of Tamil nadu

(Querist) 26 September 2017 This query is : Resolved 
Sir
I have been working in dept of health nd family welfare in Tn govt as clerk , I have been transferred to govt hospital on 2016 March but my previous office has not forwqrded my LPC LAST PAY CERTIFICATE to my new office till date ie September 2017 Citing lukewarm administrative reasons I am not able to receive salary for the past one year .. I have no disciplinary action pending against me .. Just citing lack of time they are not sending me my lpc i have made frequent representation to the deputy director of health but in vain . what should I do now to get my salary sir ..The concerned accounts superintendent is giving vague reasons and speaking in unparlimentary language when I go in person to ask my lpc .. Kindly provide me solution as I'm finding it difficult to meet my daily expenses and my subsistence is really in danger as I lm borrowing money from relatives and spending till now ..
Waiting for ur proper guidance .
Thank u
Bhushanan
Ms.Usha Kapoor (Expert) 26 September 2017
You file a Writ o mandamus against your Dept joining concerned State Government also as parties to the Writ petition seeking directions to issue LPC and pay your 1 year arrears of salary under Art 21 constitution of India. after issuing due legal notice to your Deportment.
Ms.Usha Kapoor (Expert) 26 September 2017
You file a Writ o mandamus against your Dept joining concerned State Government also as parties to the Writ petition seeking directions to issue LPC and pay your 1 year arrears of salary under Art 21 constitution of India. after issuing due notice to your department.
Guest (Expert) 26 September 2017
Your last office was liable to send your LPC without delay to your new office after your transfer. On the other hand, your new office was responsible to call for your LPC at its own if your last department failed to send that in time. if not, pending receipt of LPC, your present office could have drawn your salary on provisional basis on the basis of the information received from you about your last drawn salary in the previous office.

So now, at first, you should give particulars of your last drawn salary along with the nature and amount of deductions made from your salary by your last office with the request to draw your provisional salary through an application to the present office. If your present office fails to draw your salary even after that, you may serve notice under CPC 80 to the Head of your present department or the Collector of the district along with the Accounts Superintendent as well as Dy. Director.

Secondly, issue a notice under CPC 80 to the Secretary and Head of your previous department, along with copy to the drawing & disbursing officer of that office to send your LPC.

You can file a case in the court only after expiry of 2 months of the date of delivery of the notice, not before that.
Guest (Expert) 26 September 2017
You have got a real practical advice from Mr. Dhingra. You must like his advice.by clicking on the link "like" below his name/ID.

P. Venu (Expert) 26 September 2017
Yes, if the salary is delayed because of non-receipt of LPC from the former office, your present office can draw pay, provisionally, on the basis of information you can provide.
Rajendra K Goyal (Expert) 26 September 2017
You have raised same query at:
http://www.lawyersclubindia.com/experts/I-m-a-Tamilnadu-govt-employee-but-my-salary-not-paid-for-80--622971.asp

Whether you have applied for the leaves and have same been sanctioned?

Since the pay has been delayed considerably, may file writ of mandamus.
bhushan (Querist) 26 September 2017
Sir
Thanks for ur replies .. I have asked today for the option of provisional pay but they are refusing stating there is no option for it in state govt nd I cannot claim my salary unless I receive my LPC from old office .. They are refusing to accept any oral details that I provide . They say that getting my lpc is d only way i have .
After trying my best to get d lpc in person I'm asking a legal advice. They insist on going again and again and getting things done at my old office
Anyhow thanks for all ur precious advice sirs
bhushan (Querist) 26 September 2017
Special thanks to dhingra sir for providing d detailed description.
Guest (Expert) 26 September 2017
You are welcome. You can adopt the course of action as suggested earlier.
Rajendra K Goyal (Expert) 26 September 2017
You can try by providing tax deduction form 16 previously issued by that office or salary slip etc.
Guest (Expert) 26 September 2017
Absolutely, wrong, vague and misleading advice by Mr. Rajendra K Goyal. He may like to clarify how and under which rule the Form 16 or previous department's salary slip can replace the requirement of LPC from that office for the purpose of drawl of salary of the querist, when no such procedure is prevalent in Government departments?
Dr J C Vashista (Expert) 28 September 2017
Thanks for submitted an obligatory message for the experts who have guided you properly and promptly despite the fact that you have committed stupidity of repeating same query.
Ms.Usha Kapoor (Expert) 14 June 2018
I stick to my above view.
Ms.Usha Kapoor (Expert) 14 June 2018
I stick to my above view.
Guest (Expert) 14 June 2018
Any special occasion for reason or sticking to your advice after 9 months, that too two times simultaneously?
Guest (Expert) 14 June 2018
Any special occasion for reason or sticking to your advice after 9 months, that too two times simultaneously?


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