Reimbursement of sick leave compenstion

AJIT BHUTANI (Querist) 05 July 2014 This query is : Resolved
I have retired from a defence PSU in Oct 2007 and at the time of retirement( superannuation) half of sick leave to my credit was compensated as cash and given to me. A Pension scheme has been introduced in Jan 2014 by Govt for employees who retired wef Apr 2007. My Organisation is asking me to refund sickleave encashment before they give me benifit of pension. Is this justified? Let me have your advise please.
akb

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Devajyoti Barman (Expert) 05 July 2014
Pension scheme has to be seen.

Guest (Expert) 05 July 2014
Better go through the pension rules made applicable recently in your organisation.

Kumar Doab (Expert) 05 July 2014
Agreed, Pursue the rules.

Rajendra K Goyal (Expert) 05 July 2014
Refer the pension scheme of your department.

R.K Nanda (Expert) 06 July 2014
consult local lawyer.

AJIT BHUTANI (Querist) 06 July 2014
The pension scheme does not talk about sick leave reimbursement at all and it is a management decision AFTER the Govt circular has been issued on pension to link with sick leave. Pension scheme circular can be sent if interested - let me have the mail id.

T. Kalaiselvan, Advocate (Expert) 07 July 2014
You can consult a lawyer well versed with service matters for a personal opinion on this issue and proceed as per his advise.

Kumar Doab (Expert) 07 July 2014

From time eternal Executive has believed (rather Misconceived):
--- that it can insert executive decisions…………………..and if history is to be believed the Executive failed………………in front of well informed, determined, citizens that rise to defend their rights…………..
---it can insert decisions ……….. in the gaps……………….where law, statue is silent…………………. It has failed to insert decisions there too………………if various publications to be believed………………..
The rights of citizens can not be infringed upon…………….
Your case seems to be another ‘Executive Vision’ arrived at with popular ‘Executive Wisdom’…………………..and scheme shall be most probably claimed as formulated to benefit one and all those who agree to concur with provisions of the scheme conceived and formulated by the ‘Executive’…………….so much so that it shall have retrospective effect……………………….and a person retired 7 years back shall have to surrender the amount os sick leave compensation……………..
First of all the Complete Scheme along with its commentary and Preamble should be studied by a lawyer well versed with such/service matters and he shall have to find loopholes……………………
TO fetch the relief that you are seeking the Retirees should preferably unite……………..submit representations………………..and if no relief is fetched approach court of law…………………..if your lawyer confirms that you have merits………………………..
Therefore you may approach a lawyer with all docs on record and proceed further after understanding the merits……………………………..to represent to ‘Authorities’………………………court of Law…..

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