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EPS and CPS combined towards gratuity continuation

(Querist) 27 September 2018 This query is : Resolved 
I put up service in TN State government company SCHOOL with EPF-EPS for19 years from 3.6.1987 to 6.10.2007 saturday and joined TN GOVERNMENT SCHOOL on 8.10.2007 monday and got retirement ona31.7.2017. I I got gratuity from company school. I served 9years ,9months 23days in government school. Company school provided EPF-EPS but government school provided CPS. Can I get gratuity again in government school based on combining both services? Pl.help me sir/Madam
RAJENDRAN
Isaac Gabriel (Expert) 27 September 2018
You have already got gratuity from Private school.But this service will count for pensionary benefits.
KISHAN DUTT KALASKAR (Expert) 27 September 2018
Dear Sir,
It is a good case to get necessary relief from High Court. You are advised to get file a Writ Petition through an experienced advocate in service matters.

I could have explained more if background is known to me. I am at your service if you visit my office.

CLICK ‘like’ if satisfied or CLICK ‘Talk to Lawyer‘ for further clarifications

Isaac Gabriel (Expert) 28 September 2018
Are you getting both pension ? In Government, minimum of 10 years service is required to get terminal benefits on retirement.If at all the gratuity is declined on this score, you need to file a writ
petition since the controlling authority has no jurisdiction in respect of Government service.
Isaac Gabriel (Expert) 28 September 2018
Are you getting both pension ? In Government, minimum of 10 years service is required to get terminal benefits on retirement.If at all the gratuity is declined on this score, you need to file a writ
petition since the controlling authority has no jurisdiction in respect of Government service.
Rajendran R (Querist) 29 September 2018
Sir
I worked as graduate teacher with Tamilnadu government school scale of pay in TNPL (COMPANY) SCHOOL SOCIETY run by TNPL COMPANY from 3.6.1987 to 6.10.2007as said above.I was provided with two pay revisions in concurrence with TAMILNADU GOVERNMENT PAYREVISION. Whenever DA was revise by TN GOVERNMENT we were given accordingly. As it is EPF-EPS I claimed EPF with its closure and given EPS certificate for 19 years till my service there.Now I am eligible to get EPS from EPFO as I obtained 58 years -retirement.20/07/1959 is DOB. Almost it is a TN Quasi government school.I received TN Government BT scale of pay in both schools. Moreover I relieved on 6.10.2007 from TNPL SCHOOL and reported to CEO OFFICE NAMAKKAL TAMILNADU on 6.10.2007 saturday itself but joined in school on 8.10.2007 due to holidays for school.I received government appointment order around 26.9.2007 and also went on 3 days TN GOVERNMENT Education department training from 3.10.2007 to 5.10.2007 by applying LOP in TN COMPANYSCHOOL before joining government school.
Sofar I didn't claim CPS from government school for my service from 8.10.2007 to 31.07.2017...i.e.9 years 9 months 23 days..or 20 half years ... just required for pension but I am at CPS instead of GPF
These are particulars in both schools
RAJENDRAN
Rajendran R (Querist) 30 September 2018
Pl.help me about the retirement benefits such as gratuity.... pension... half pay for 180 days... leading to enable me to move on to HONORABLE HIGH COURT MADURAI BRANCH
Isaac Gabriel (Expert) 30 September 2018
The combined service is eligible for pension. File WP to get remedy.
Guest (Expert) 30 September 2018
Frankly speaking, you can claim only gratuity for the period you served with the Government school, as you seem to have already availed the benefits of EPS etc in the previous organization. Moreover, service period of a private organization cannot be clubbed with the period served in government organization for the purpose of claim of pension.

False hope, if any given to you by any expert, may only tend to cause you loss of substantial money and time even with years of legal fight.

Further, forget about leave encashment on account of balance of half pay leave available at your credit. Claim of leave encashment on account of half pay leave is likely to entail you a loss of substantial amount calculable in terms of pension equivalent of gratuity.


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