Leave rules for a reinstated employee

chirag patel (Querist) 18 July 2024 This query is : Resolved
I have been reinstated by the supreme court in the year 2022 with 25% back wages and continuity of service. Now the management is treating me no work no leave. While calculating the back wages management has calculated the wages including basic pay plus dearness allowance alongwith all the allowances at 25%. also management has calculated terminal benefits like pf etc on 25% of basic and d.a. for eg. if my actual basic is 10000/- , 25% basic pay will be Rs. 2500/- and management has calculated pf on Rs.2500.00 and not on Rs. 10000/-. As per court order all the incidence of services given to other similar placed employees must also be available to us. Please advise me whether management is rightly calculated the arrears as per supreme court order. And what are the leave rules for a reinstated employees.
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Quick Summary

An employee reinstated by the Supreme Court with back wages and service continuity is questioning the management's calculation of their dues. The management appears to be calculating terminal benefits based on only 25% of the basic pay, not the full amount. The employee seeks clarification on whether this calculation aligns with the court order and what leave rules apply to reinstated staff.

T. Kalaiselvan, Advocate (Expert) 18 July 2024
For rendering a proper opinion to your query the judgment/orders passed by supreme court and at least a little background of the case is to be known, hence you may either forward details or consult a local advocate for more proper clarity.

Sudhir Kumar, Advocate (Expert) 18 July 2024
Agreeing with Mr Kalaiselvan I will add thatanyone having sympathy for you will not advise anything without seeing papers.

kavksatyanarayana (Expert) 18 July 2024
Yes. In which government are you working? What are the main details of the case and judgment passed? You please consult a local advocate who has expertise in service matters.

P. Venu (Expert) 22 July 2024
Yes, no meaningful suggestion is possible unless the judgments are perused. Please furnish the (SLP/CA) so that the decision could be perused.

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