Related with salary issue
VIVEK SHARMA
(Querist) 02 January 2015
This query is : Resolved
Respected Experts,
I am a Delhi govt. teacher. I have availed some leaves on medical ground. Now my principal didn't provide my salary as well as other allowances(means on zero payments) from last three months without giving me any kind of information.I asked various times to him regarding this matter verbally as well as in written but he refused me to give any receiving of my written application.When i calculated my leaves from attendance register it is only approx. 25-30 days extra but neither he is giving me salary(on zero payment) from last three months nor try to look into this matter. Please advice me what i have to do.
Regards.
Surrender K Singal
(Expert) 03 January 2015
Receiving of your representation and demand of due salary can be obtained by sending your written letter by Regd Post / Speed Post; Then you may seek redressal through concerned office of DoE of your area !
Kumar Doab
(Expert) 03 January 2015
If principle is not providing any relief you can escalate to next authority and mention that your written representations were declined to be received............and can also pursue thru RTI......
The conduct is improper and unbecoming of an authority and superior...
There are Teachers Associations/Forums in Delhi that can help you and they maintain well nourished blogs too....
Rajendra K Goyal
(Expert) 03 January 2015
Send letter through registered post with copy to senior office for information. Also use RTI for getting the leave balance, reason for not accepting the leave and reason for not releasing the salary and other related information.
VIVEK SHARMA
(Querist) 03 January 2015
thanks a lot to all experts for your valuable suggestions. Sir, i want to give him a legal notice. should i give him? please suggest me.
Regards
Kumar Doab
(Expert) 03 January 2015
Refer to :The Delhi School Education Act........
Escalate and exhaust the internal options before you issue legal notice.......
The officials in the hierarchy and appointed under the Act are duty bound to Act and they can mend the ways of Principle.......for you...
You shall always have the option to approach your lawyer and court of law but prior to that exhaust the internal options and communicate under proper acknowledgment......
Your lawyer can of course guide you and help you to structure your representations...
Guest
(Expert) 04 January 2015
Have you applied for leave on prescribed form? What about sanction of leave and for how many occasions of absence? Has leave been sanctioned by the competent authority or not so far for each spell of your leave applied for?
VIVEK SHARMA
(Querist) 04 January 2015
Respected PS Dhingra sir,
I gave him an application regarding all leave and i took his signature on all leaves expect Casual Leave.
Regards
VIVEK SHARMA
(Querist) 04 January 2015
Sir how it is possible that without giving any kind of information any government employee put on zero payment?Is it possible according to law?
Regards
Kumar Doab
(Expert) 04 January 2015
Did you submit CL application and did you get any communication on acceptance/approval/declinature of all leave: SL,CL ..?
Relate with leave rules and point out the variance by you and the Principle...
If you have frequently been taking leave then Principle has to run the school and might be it is his way of showing that he is not satisfied with you...
Guest
(Expert) 04 January 2015
Dear Vivek Sharma,
First of all, my name is not PS DhinDra, my name is PS DhinGra. You could have correctly spelled my name.
Secondly, you have not replied my query in full. You have not replied for how many occasions of absence during the period of three months in question. Again, while you stated, "I gave him an application regarding all leave and i took his signature," you have not stated whether you intimated about your absence and submitted medical certificates of the AMA well in time to the competent authority or not. Mere taking signature on application does not ensure that leave is taken as granted if the provisions of rules are not fulfilled.
Your initial query lacked vital facts, but you showed your intention by expressing your desire, "i want to give him a legal notice," as if legal notice can prove to be the best remedy for your problem.
Now you have asked, "how it is possible that without giving any kind of information any government employee put on zero payment? Is it possible according to law?" Law comes in to operation, if all the requirements of the rules are fulfilled and still the authorities decline the claim of an employee. So, at first, you need to review your own actions, whether you sent intimations in time, sent medical certificates and leave application in time or not.
You should know that some times legal notices, instead of bringing some frutiful results, can prove to be quite harmful in the interest of the issuer of notice, more particularly, a Government employee, when he is ignorant about service & conduct rules. You may try to give him legal notice and see what happens, as I can guess that you did not fulfill the requirements of rules while proceeding on medical or casual leave. Rather, a disciplinary action would also become ripe with departmental inquiry against you on the issue of unauthorised absence and issue of legal notice without any cause.
You should also know, in your case, sanction of leave is primary concern, while drawal of pay is secondary issue. But you prefer to issue notice for the secondary issue, which cannot happen pending sanction of leave. So, even after issue of notice if you go to CAT, you will draw flak by wasting your own time and money on account of the simple reason that drawal cannot be made without sanction of leave. Competent authority cannot be compelled by CAT/ Court to grant leave, if conditions are not fulfilled, as grant of leave is at the sole discretion of the competent authority with the reason leave cannot be claimed by an employee as a mattrer of right, more so when conditions for grant of leave are not fulfilled.
So, now it is open for you to decide, whether you prefer to get leave sanctioned or to give notice for drawal of salary first.
VIVEK SHARMA
(Querist) 04 January 2015
I am extremely sorry PS Dhingra sir regarding that. I will modify my mistake.
sir when we gave any application regarding leave he never gave us receiving. On dec. 31 when i gave him station leave application he also didn't give receiving.then how can i prove that i asked him regarding leaves?he never give receiving to anybody.but after rejoining i gave my medical certificates every time. In last three months i was on leave only 4 days otherwise i was present there. when i asked regarding salary he told me we are making recovery from you. firstly another time i will approach to principal regarding this matter and if no solution is provided then i will meet you sir. I am also leaving in rohini.
Regards.
VIVEK SHARMA
(Querist) 04 January 2015
respected Doab sir,
I gave him CL application. But without giving any receiving he wrote CL in attendance register.
Regards.
Kumar Doab
(Expert) 05 January 2015
The entry of CL in attendance register by Principle by his own hands may amount to acceptance of leave application and sanction.........
Obtain the copy even if thru RTI.....
As already advised by Experts you and all others can submit all communications in writing under proper acknowledgment even if by Redg. Post........and affirm that on dated.....................was handed over in person.............e.g. leave application..............and on dated.................wad handed over in person e.g. medical certificate.............etc...
If you and others find that Conduct of Principle is improper,unfair,unbecoming, and he deviates from set rules.............................you can approach the next authorities and they shall mend his ways for you........
If you are unable to handle the matter on your own let your lawyer take over and draft everything for you....
VIVEK SHARMA
(Querist) 05 January 2015
thanks a lot to all the experts.
regards.
malipeddi jaggarao
(Expert) 09 January 2015
Repeated query in a different style. Already dealt by experts.
