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Ashok K Gupta (Assistant Registrar)     28 September 2010

Deposition of Salary for Short Notice Period

 

Dear Experts!

 

I resigned from my previous employment in 17 May 2010.

Was relieved on 30th June 2010 with a short notice period of 45 days

Office issued an order to deposit salary of 45 days (Gross salary considered, which included Basic + GP + DA + Traveling Allowance + HRA)

Whereas appointment letter does not mention/ indicate such recovery/ notice period, it only refers that the Institute reserves the right to terminate from the services in probation period and thereafter 3 months notice,

 

My question is:

  • Whether total emoluments will be considered, Swamy News defines Salary is a sum of Basic + Grade Pay + NPA?
  • Does the institute have its discretion to order such recovery from one staff, whereas no recovery was instructed to the staff resigned in the same period?

 

Kindly also enlighten me on the aspect of PF/ Pension (8.33%+3.67%) withdrawal in case of resignation:

  • Will only my contribution be refunded to me?
  • What about the Employer's contribution, am I supposed to get it only after 20 years, someone told me.

 

Anticipating your valuable guidance

 

Ashok K Gupta

09471191644

 



 3 Replies

mahesh pandey (Vice President)     29 September 2010

Dear Friend,

U have 2 clarify the following pts :

1. Wether u are confirmed in ur present employment. If yes, then plz mention Apptment letter clause

 re: termination of service , genraly  separation/ termination from service is 2 way traffic either from employer or from employee & in standard terms of service  condition it is either 1 month or 3 month notice from either side as the case may be or notice pay in lieu of notice.

2. Of course u are entitled 2 receive both shares , i.e, employer &employees.

Tks

Mahesh

Ashok K Gupta (Assistant Registrar)     30 September 2010

 

Sir,

Thank you for taking interest in my querries

  1. I was appointed in the Institute in 2004 (Nov) on a probation of 2 years, which continued till 2010 (June) without any paucity. In fact, no letter of confirmation was issued to me even after the probation period. Well, the offer of appointment said that Institute reserves the right to terminate without notice during probation period and upon 3 months notice thereafter. No mention of notice pay in case of resignation or so from the employee's end.

      But Service Rule of the institute mentions about the notice pay.

  1. After resigning from the service of a period of 5 years and 8 months, I have applied for the withdrawal of PF/Pension, since my present organization runs on DCPS policy. Someone told me that the employer's contribution will be redeemed to me only after completion of 20 years. My overall contribution to the organization towards PF was approx 90000. So will I be redeemed only 90000 + interest only or (90000 x 2 )+ Interest?

Kindly clarify.

 

And heartfelt thanks for your lookups

Ashok K Gupta

Kirti Kar Tripathi (lawyer)     02 October 2010

As the terms of appointment letter as mentioned by you does not contain any condition on your side, your employer can not force for recovery as you are not under any obligation. In case, he does so you can take legal shelter before the appropriate forum, which can be decided on the basis of your nature of job performed by you in the establishment.


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