Payment of gratuity
k r purushothama rao
(Querist) 18 November 2012
This query is : Resolved
I HAD WORKED ABOUT 21 YEARS IN NPCIL(GOVT OF INDIA UNDERTAKING)AND TOOK VRSI GOT ALL RETIREMENT BENIFITS FROM NPCILSUBSEQUENTLY I JOINED BARC ANOTHER CONSTITUENT UNIT OF THE SAME DEPT VIZ DAE THERE WAS NO ADVT SELECTION PROCESS ETC AND THROUGH CORRESPONDENCES BETWEEN BOTH ORGANISATIONS I WAS OFFERED SCIENTIFIC OFFICER G GRADE (SAME GRADE OF POST I HELD BEFORE VRS FROM NPCIL AND SAME BASIC PAY LAST DRAWN BARC IS FULLY A GOVT ORGANISATION AND I WAS ISSUED OFFER OF APPOINTMENT LETTER TREATING AS A NEW RECRUITEE AND COVERED UNDER NEW PENSION SCHEME I HAD SERVED ABOUT 2 YEARS AND 9 MONTHS AND RETIRED ON SUPERANNUATION I GOT PROMOTION CONSIDERING MY PAST SERVICE HOWEVER GRATUITY PAYMENT IS BEING DENIED BY GIVING DIFFERENT VERSIONS ONE VERSION IS I HAD NOT COMPLETED 5 YEARS OF CONTINUOUS SERVICE AND ANOTHER VERSION IS GOVT IS YET TO ISSUE ORDERS REG GRATUITY CONNECTED WITH NEW PENSION SCHEME PL LET ME KNOW IS MY EMPLOYER CORRECT IN DENYING ME GRATUITY AND WHY MY PAST SERVICE RENDERED IN SAME DEPT WHICH WAS CONSIDERED FOR PROMOTION CANNOT BE CONSIDERED FOR PAYMENT OF GRATUITY THOUGH I RETIRED ON 31ST JANUARY 2012 I AM YET TO RECEIVE MY PENSION DUE TO DELAY BY GOVT IN FINALISING PENSION BILL PL ADVISE
Raj Kumar Makkad
(Expert) 19 November 2012
The version of employer is no sustainable before law, Natural justice demands that one your past service has been recognized for any purpose, you are accordingly entitled for the entire benefits. Serve a legal notice and file a civil suit against the employer.
k r purushothama rao
(Querist) 20 November 2012
Thank you very much This is the second time i have been denied natural justice by the same DEPT I fought legal battle for allmost 2 years and lost the case as the DEPT used their might and power More than the money involved i am interested in getting natural justice Dept treated me as new recruitee only to deny certain genuine benifits otherwise my case was to be treated as inter DEPT transfer or on DEPUTATION which they did not do I wonder how a recruitment to a sr level post can take place without following regular procedures that too in a govt organisation I will be much obliged if i can get contact details of an advocate located in Bangalore and who can fight my case for getting natural justice so that i can approach personally and discuss my case in detail K R PURUSHOTHAMA RAO
Guest
(Expert) 20 November 2012
Dear Rao,
Your disjointed query itself reveals that either you have not adopted the right process of transfer on deputation to the other organisation, or you have fought your case in a similar disjointed manner not able to convince the judge. You have nowhere mentioned that you submitted technical resignation on selection in the new organisation. Past service benefits are available to the employees on rendering of technical resignation on selection in any other Government/ autonomous organisation, provided the application is made through proper channel only. Your query does not reveal whether you adopted this process or not.
Further, if you adopted the aforesaid process, the question of VRS would not have arisen.
If you have taken VRS and encashed all the retirement benefits, you have virtually severed all ties with your past organisation and any subsequent posting in any organisation can be treated as a fresh posting.
About gratuity, in that case, if you have not rendered service for minimum of 4 years and 240 days in the new organisation, you would not be entitled to any gratuity from the new organisation. However, there is no relevance to the point whether your service was under old pension rules or new pension rules. Gratuity entitlement is governed independently by the Payment of Gratuity Act 1972.
So, even if you go to another lawyer, you would need to check the rules and procedure thoroughly for transfer on deputation to make the story fully and properly linked in a very convincing manner. Otherwise, you will have the same complaint of failure of your case.
The concept of natural justice applies only where all the formal rules and procedures are adhered to but even then due benefits are denied by the other party.
Isaac Gabriel
(Expert) 21 November 2012
It seems you had severed with your previous job by getting ll the retiral benefits.The new job cannot be equated with the previos one since it was a fresh appointment.As such your case is not one to seek continuity for the purpose of gtratuity.as you have not completed the requisite minimum service in the new post.
