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Irregular withholding of settlement dues after retirement.

(Querist) 15 November 2010 This query is : Resolved 
In a peculiar case of Retirement of Physical Director of Railway Degree college, settlement dues were withheld for the confusion of Indian Railways Administration. The Railway Degree College is the only one college for entire Indian Railways and the Physical Director designation was also treated on par with other teaching / faculty (Lecturer). But one fine morning after enhancing the age limit for superannuation of teaching staff from 62 years - 65 years, the administration overlooked the post of Physica director and after some time delinked this post from teaching staff. Meanwhile the Physical Director or is immediate suprior or other higher ups were not aware of the change and the Physical Director was continuing in his services. The Physical Director accidentally when he saw the notification on an internet he immediately reported to his superior who in turn informed the Railway top officials at Delhi. Immediately when they noticed their lapse they asked the Physical Director to resign from the service. But while settlement came, they withheld the dues for the extended period of services which he has put in( served). The principles of justice during strike period say no work no pay. But for the ignorance of their own made rules, Railways are penalising a retired person and all his representations are falling on the deaf years of the Top officials who are sitting at New Delhi. My opinion is when we say no work no pay - when the department has taken his services during the extended period,that for no fault of the employee, the department can not withhold his remuneration and benefits which he eligible forthe extended period.Please comment.N.Murali
s.subramanian (Expert) 15 November 2010
You can approach the Central Administrative Tribunal for relief.
Devajyoti Barman (Expert) 15 November 2010
Yes , file case before the CAT. The withholding of your dues for the period you served is not in accordance wth law.
Guest (Expert) 15 November 2010
yes... I do agree with both the learned experts
Kirti Kar Tripathi (Expert) 15 November 2010
yes, you can seek directions from CAT. The action of your employer is not legal.
Chanchal Nag Chowdhury (Expert) 16 November 2010
U have a first class case before CAT.
Sri Vijayan.A (Expert) 16 November 2010
CAT is the only solution

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