Regarding Disciplinary action

Krishan Kumar (Querist) 01 January 2019 This query is : Resolved
Sir,

I want to know that one of my colleague has penalized as under mentioned rules:-
1. 11(iii)(a) of CCS (CCA) Rules, 1965, reduction to a lower stage in the time scale of pay Rs. 35400-1124000 by one stage for for a period from 11.12.18 to 31.12.20, without cumulative effect and not adversely effect her pension.
Sir, now she wants to take Voluenteery retirement. Kindly guide whether she can take the VRS or not.

Thanks

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Sudhir Kumar, Advocate (Expert) 02 January 2019
she can take VR. After penalty order no case is pending against her. It may be better if the retirement date is after penalty period is over (i,12,2020 onwards) so that she can regain the loss and get higher terminal dues.

Dr J C Vashista (Expert) 02 January 2019
Nothing wrong / illegal / legal infirmity if she seeks voluntary retirement, preferably after penalty period.
However, whether the pay scale mentioned is "exaggerated" and stated to be 35,400-11, 24,000/- ,which is yet to come in India ?
What is your locus standie / concern ?
What is the opinion and advise of "her" counsel, if engaged in departmental inquiry/ action ?

Krishan Kumar (Querist) 02 January 2019
Sorry sir, i.e. 1,12400/-

Krishan Kumar (Querist) 02 January 2019
Actually she ask for VRS but office supdt. opposed and informed her that VRS can be granted only after 31.12.2020.

Sudhir Kumar, Advocate (Expert) 03 January 2019
Firsts of all stand corrected.

VRS is a scheme offered by Govt when staff is surplus and due care is given to compensate the remaining years of service.

what she wants is VR (not VRS) in this case it is the employee who wishes to seek pension after surrendering the remaining part of service and is eligible only for the pension based to the length of service actually rendered and the last pay drawn.

Off Supd cannot be appointing authority for such a senior post.

One a request is made for VR then a notice of 3 months is to be given. After this notice period the VR becomes effected (i.e. the person becomes eligible for pension from next day) unless rejected by appointing authority is conveyed, in writing.

So the verbal object by Office Supdt has no meaning.

VR can be withheld only if there is a case pending on her. As on now given facts indicate that the case stands decided.

Sudhir Kumar, Advocate (Expert) 03 January 2019
Notwithstanding above.

the objection of Office Supdt (though stupid and illegal)is blessing in disguise.

the person's terminal benefits (Pension/Commutation/Gratuity/Leave encasement) are directly proportionate to the last pay drawn.

At present she is drawing less pay (about 10% less) than she may be getting on 1.1.21. So she will be retiring with less dues.