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Gaurav Chugh (Programmer)     03 May 2010

Gratuity in Case of Termination for Unsatisfactory performa

Hi,

 I have been working in Govt of India Office, drawing funds from Consolidated Fund of India from the period of June,1999 to August 2005. During the course of my employemnt, I have applied for a post outside the Deparment in a Autonomous Organisation of Govt of India and got selected. Thereafter, I resigned from the Deparment and joined the Autonomous Body without any break in Service in Septmber,2005.  My request for counting of Service was taken up by the Autonomous Body with the Govt Deparment, but the contribution's were not settled. Somehow, due to some backbiting I was served with the termination order in August,2006 with ground of unsatisfactory performance during the probation period

What is the status of my Gratutiy and Pension Benefits, as I have completed service of more than 5 years and termination ground cited was  unsatisfactory performance during the probation perio, which did not accounted to any loss or injury. 

Thanks

(Gaurav Chugh)

kalvin_store@yahoo.co.in



Learning

 4 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     03 May 2010

from govt. department you can claim Gratuity and PF

pension if covered under pension scheme.

Regards

Danendra jain (manager)     07 May 2010

Through media AND PROMINENT MEDIAMEN I like to draw the attention of a person or a group of persons who is legal expert or who has an expertise on Right to Information Act or filing of Public Interest litigations or who is well experienced in dealing with court cases related to servicemen on following points and expect some solution in the interest of service men community. I like to draw the attention of even politicians who has strong will to change the prevailing bad culture and corrupt practices in administrative, political and judicial system in the country.

 

When a bank or any government office is unable to promote an employee due to shortage of vacancies in upper cadre , bank should not stagnate the employee only because he has reached the last stage of his scale .This is a fundamental question concerning all employees who are not getting annual increment only because he could not get promotion in time due to management’s fault or due to corrupt interview panel who promote an employee not on the basis of performance but on the basis of gift or money he receives from the employee. It is ironical that in government offices, departments, insurance companies and banks seniors are getting lesser increment whereas in private sectors seniors are worshipped like owners, promoters and savers of the firm. This is why private sector flourishes in real worth whereas public sector officers are facing continuous erosion in value.

 

In this age of flattery there is no respect for policy or performance. An officer is promoted only when he or she has a God father in upper echelon or he has pleased his boss with huge gifts in cash or in kind or bought and motivated the top executive who is a member of Interview panel. HRD policies in bank promote chamcha culture, RBI and Ministry of Finance or Banking Division all irrigates and promotes such culture. The more one is corrupt, the more he is flatterer and the higher is he posted. This is why cancer of corruption is growing unabated and even vulnerable department like defense is sick of this disease.

 

There are many EDs and CMDs of banks and government departments whose history is full of instances of indulging in corruption. If CBI conducts an honest inquiry in the credit decision taken by top executives, loan waived by them, and present status of loan sanctioned by them directly or indirectly trough his team of chamchas, bad advances hidden by them, personal assets accumulated by them, I think eight out of ten top executives will be found suitable for severe punishment and not fit for even junior posts.

Unfortunately in our country even authorities entrusted with duty of unearthing corrupt practices and bringing corrupt persons to justice are themselves indulged in corruption to a great extent. Then who will bell the cat is a million dollar question. So called clean and honest PM like Manmohan Singh expresses his helplessness on the front of corruption, naxalism and terrorism very wisely and boldly.

 

It is due to such wrong policies perpetuated by corrupt and greedy executives that even an officer like Madhuri Gupta could hold an important, sensitive and vulnerable post for more tan 30 years, get whimsical posting and promotions for such a long period inspite of the fact that she indulged in anti-national activities and worked as an agent of Pakistan silently.

 

Mrs. Rabri Devi, wife of Lalu Yadav could became Chief Minister of Bihar not because she was an able administrator, experienced politician or a knowledgeable lady , but because flatters of Lalu Yadav had vested interest to support her.

 

 Similarly Mr. Lalu Yadav could get the post of Railway Minister despite his involvement in thousand crore Chara Ghotala because ruling government led by UPA and Congress party wanted to survive with his support.

 

 Mr. Ratore could get promotions after promotions and best posting despite Ruchika’s case because of his god liasoning with his bosses and because he could shut the mouth and eyes of his bosses by keeping them happy through gifts in cash and kind.

 

Raju in Satyam computers could perpetuate fraud in thousands of crores of rupees for years together and win even the award of best corporate governance because he was surrounded by his greedy flatterers, greedy team of Chartered Accountants and corrupt ministers.

 

Madhu Koda Ex Chief Minister of Jharkhand and Reddy brothers in Andhra Pradesh could commit fraud with the government treasury in billion of rupees because he or they got the support of flatter team of IAS, IPS and other monitoring officers.Mayawati, Mulayam, Lalu like CM reshuffle senior officers like playing cards .Only a team of officers who are yes-men ,flatterer and ready to support and executive all ill motivated work ordered by ministers of the government can only survive and flourish in his or her career. This is the fate of good officers in all banks. There are several Raju in all banks who makes the balance sheet shining and who manage Chartered Accountants at various levels, officers working in Banking division, ministry of finance , top bureaucrats , top politicians  all over the country.

 

In brief in our country even a donkey is posted on top post he can survive and get continuous elevation in career provided he or she has enough acumen to earn bribe and share with is bosses.

 

 It is also a bitter truth all frauds continues and continues until shareholders of the fraud are divided. Frauds are seldom unearthed by CA. CBI or any investigating agency, not to speak of nip in the bud.

 

As such my second point to attract your attention is that in my opinion there should not be any scope of Interview for existing employee for giving him promotion because quality of his services have already been tested and attested by management for a decade or two or even three.

Even 25 marks allotted for Interview in any departmental promotion processes are enough to make or mar the career of an officer in a bank or any government office. It is a bitter truth of our country that a corrupt officer get 25 out of 25 in interview process whereas a performer get hardly 10 out of 25 which results in diluting the effect of performance of an employee or good marks obtained by him in his appraisals. The great Supreme Court has even advised transparency in appraisal system, but banks management seldom respect even court advises if it hurts the personal interest of its executives. The more power is delegated in bosses the more chances of misutilisation of power and perpetuation of corrupt practices exists and increases in the system.

 

 This is happening in not only in banks but also in all other  government departments and this is why, whenever a new Chief Minister takes charge of a state, several IAS and IPS officers are transferred from one place to another as per whims and fancies of the ministers in the new government. Majority of decisions on postings, promotions and transfers are taken on the basis of earning capacity of the officer who can share his illegal earnings with the minister or support the minister in carrying out his illegal tasks for the benefit of his kith and kin or his party men.

 

In conclusion there should not be any stagnation in any scale of any cadre of any officer of any department or office or bank and there should be no Interview for existing employees to be promoted.

In my opinion whimsical posting, arbitrary promotions and abrupt but ill motivated transfers are the root causes of all corrupt practices prevailing in the Indian administrative, judiciary and political system. It is the power delegated to persons sitting at post empowered to take whimsical decisions which irrigates ,cultivates and promotes the culture of flattery and demotivates the person who actually work and believe in honest performance.

 

It is unfortunate that no remedy can be obtained even from courts even after lapse of a decade or two .This is the reason that management of a bank or any office or any organ of the government at state or national level indulge in selling promotions and postings and in turn contributes directly or indirectly, willingly or unwillingly, in increasing the level of corruption.

 

I therefore request you to file PIL or any suitable court case which can immediately stop unhealthy practices. You can start with stopping the ongoing promotion processes in a bank. I hope you will take the initiative and oblige serving employees of the country.

 

Danendra Kumar Jain

Ganaraj Choumuhani

Agartala 799001

jagadish paranjape (Advocate)     11 May 2010

Payment of gratguity does not depend on performance satisfactory or otherwise,It only requires minimum

5 years of contineous service.Of course there is provision for forfeiture of gratuity,but that can only be evoked

in case of theft,dishonesty,violent behaviour etc.In any case inefficiency or unstifactory work is no ground to

refuse gratuity.

Kumar Doab (FIN)     23 May 2010

You must be having the PF accumulation reports with you/your PF number.

If you are unemployed for 2monthsor more you can apply and withdraw your PF.

You may visit the Regional PF commissioner's office ,obtain Pf withdrawl forms, get clarification on all your queries ,get the form attested and submit for withdrawl.

For pension if eligible and gratuity you may raise your claim.


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