Illogical full & final settlement

You should not have signed on blank vouchers! Do you have record and evidence of demand to sign on blank vouchers? Did you demand certified copy of vouchers on which signature were extracted citing ……………………..reference of condition of ………………………issuance of relieving letter? Did you get FNF statement showing all credits and debits e.g. EL, notice pay and final amounts payable to you  and Form16 according to FNF statement? Did you demand it on record? Do you have record of EL payable to you and final FNF amounts paid to you? Is it correct or wrong?

 

Was any FNF amount paid to you?

You may prepare your own FNF statements and submit it and demand FNF statement of employer!

 

Did you lodge complaint of misbehavior in writing and was any inquiry conducted?

PF and Gratuity is applicable for adhoc service.

It has been discussed in another thread initiated by you:

 

https://www.lawyersclubindia.com/forum/Gratuity-refused-by-employer-65617.asp#.U1-JzUeBmXU

 

You need to clarify that which rules are applicable to you CCS Rules……………………or Payment of Gratuity Act 1972?

 

You may attach the rules applicable to you for PF, Gratuity.

 

As per PF records your service is 10+ years.

 

The PF is also to be counted from actual DOJ till actual DOL. Hence if PF is not paid for all months of employment then you should agitate for it also.

You may submit a letter under proper acknowledgment that notice of determination of Gratuity has not been supplied to you  despite your representations in office on dated……………………to Mr/Ms……………………….

(Date of resignation/separation) from actual DOJ to actual  DOL. You should fill FormI accordingly i.e. actual DOJ to actual  DOL and submit it preferably by redg. Post and obtain POD and certified copy of runs sheet of postman from PO, and/or manage to obtain acknowledgment with seal, signature, date from school on your copy of FormI.

You may mention that postage prepaid, self addressed envelope is attached for sending the chaque and reply by redg. Post to you.

Is it on record that employer does not want to pay Gratuity for adhoc service period and interest for delayed Gratuity? Do you have any evidence : written audio, visual?

Now after obtaining acknowledgment of FormI you may carefully write minutes( mention names, dates, brief minutes of discussion………………)

Let the employer pay you Gratuity as per its inner wishes and send the cheque by redg. Post.!

Do not sign any FNF statement now.

 

You can agitate later for the leftover portions.

Hope you have written record of interventions by CBSE and other authorities.

Expiry of notice period/effective date of resignation can not be preponed……………….

 or postponed by employer………………………………

If in any case it is to be postponed it has to be with concurrence of employee that has tendered notice of resignation.

You need to establish that you were asked to postpone due to say……………………….non availability of your replacement  as informed to you in office by the superiors.

You must understand that employer shall scream that you have tendered a conditional notice of resignation and you shall need to counter the contentions of employer…………………………..and must prepare in advance in consultation with your lawyer.

If you are not able to handle on your own…………………….and management does not budge from its stand ……………………..then  Most likely your matter shall land up in court of law and court of law shall decide on merits.

 

 

Spend quality time with your lawyer in person.

Thanks a lot Kumar Doab Sir for your nice suggestions.

Yes I did a mistake of signing blank vouchers but had I not done that, I would have not got relieving/NOC.

After getting F&F amount without EL encashment and gratuity, I wrote letters to school principal in August 2005, asking her to give the details of payment and asked her to pay the dues completely. But no written response was received from them. Only verbal communications were made by the office staff that everything is cleared as per entitlement and applicable rules only. There is nothing pending.

Then I wrote to the Education officer in DOE of concerned zone, though they did not reply me in writing but on frequent follow up visits to their office they shown me the reply of school principal wherein it was mentioned that gratuity is paid on retirement and not on resignation, moreover about my first resignation, they had mentioned in that letter that "I resigned in the fit of anger". Those communications are with the DOE but no copy is supplied to me ever. After that through RTI I tried to get the updates from DOE in response to that I was just informed one line information that CCS rules are applicable in my case.

Since October 2012, I restarted my communication first writing a complaint to the PM office from where my letter was forwarded to DOE & CBSE via Ministry of Human Resource.   And further by CBSE it was forwarded to the school management for their point of view and to resolve the issue. By the intervention of controlling authorities, school management prepared the gratuity cheque but as that was not for the complete period of my tenure and was without interest of deliberate denial and late payment hence I refused to accept that in a personal meeting arranged by school principal in presence of DOE representative in last week of January this year. My other points were also reiterated in the meeting but school principal ignored them to reply and insisted only to accept the gratuity to close the matter.  After that I wrote a letter to DOE to seek their report on the basis of that meeting but so far I have not received any reply inspite of sending one reminder to them.

About Earned leave, by utilising my blank signed voucher they mentioned to the CBSE in their reply letter (copy provided to me) that they have paid EL encashment but simulteneously they provided another  voucher as a notice period salary deduction and amount was almost same was calculated for EL encashment.   Which clearly shows that without any physical transaction they have adjusted my earned leave encashment against notice period which was actually not due.  These vouchers were never provided to me earlier inspite of asking many time.

On this I have mentioned in my last letter to CBSE that these vouchers are just an eye wash as if the payment was done it must have been done through draft/cheque and no proof of such instrument is provided with the copy of vouchers as it was actually not paid.  More than one month has been passed,  I have been waiting for the reply but no communication received as yet.

Since my case is not reaching to any conclusion inspite of all controlling authorities, please suggest if I should move for the legal course of action and also please suggest the right judiciary level/authority to approach for my case.

thanking you in anticipation

regards

 

Thanks a lot Kumar Doab Sir for your nice suggestions.

Yes I did a mistake of signing blank vouchers but had I not done that, I would have not got relieving/NOC.

After getting F&F amount without EL encashment and gratuity, I wrote letters to school principal in August 2005, asking her to give the details of payment and asked her to pay the dues completely. But no written response was received from them. Only verbal communications were made by the office staff that everything is cleared as per entitlement and applicable rules only. There is nothing pending.

Then I wrote to the Education officer in DOE of concerned zone, though they did not reply me in writing but on frequent follow up visits to their office they shown me the reply of school principal wherein it was mentioned that gratuity is paid on retirement and not on resignation, moreover about my first resignation, they had mentioned in that letter that "I resigned in the fit of anger". Those communications are with the DOE but no copy is supplied to me ever. After that through RTI I tried to get the updates from DOE in response to that I was just informed one line information that CCS rules are applicable in my case.

Since October 2012, I restarted my communication first writing a complaint to the PM office from where my letter was forwarded to DOE & CBSE via Ministry of Human Resource.   And further by CBSE it was forwarded to the school management for their point of view and to resolve the issue. By the intervention of controlling authorities, school management prepared the gratuity cheque but as that was not for the complete period of my tenure and was without interest of deliberate denial and late payment hence I refused to accept that in a personal meeting arranged by school principal in presence of DOE representative in last week of January this year. My other points were also reiterated in the meeting but school principal ignored them to reply and insisted only to accept the gratuity to close the matter.  After that I wrote a letter to DOE to seek their report on the basis of that meeting but so far I have not received any reply inspite of sending one reminder to them.

About Earned leave, by utilising my blank signed voucher they mentioned to the CBSE in their reply letter (copy provided to me) that they have paid EL encashment but simulteneously they provided another  voucher as a notice period salary deduction and amount was almost same was calculated for EL encashment.   Which clearly shows that without any physical transaction they have adjusted my earned leave encashment against notice period which was actually not due.  These vouchers were never provided to me earlier inspite of asking many time.

On this I have mentioned in my last letter to CBSE that these vouchers are just an eye wash as if the payment was done it must have been done through draft/cheque and no proof of such instrument is provided with the copy of vouchers as it was actually not paid.  More than one month has been passed,  I have been waiting for the reply but no communication received as yet.

Since my case is not reaching to any conclusion inspite of intervention of all controlling authorities, please suggest if I should move for the legal course of action and also please suggest the right judiciary level/authority to approach for my case.

thanking you in anticipation

regards

 

Thanks a lot Kumar Doab Sir for your nice suggestions Yes I did a mistake of signing blank vouchers but had I not done that, I would have not got relieving/NOC After getting F&F amount without EL encashment and gratuity, I wrote letters to school principal in August 2005, asking her to give the details of payment and asked her to pay the dues completely. But no written response was received from them. Only verbal communications were made by the office staff that everything is cleared as per entitlement and applicable rules only. There is nothing pending Then I wrote to the Education officer in DOE of concerned zone, though they did not reply me in writing but on frequent follow up visits to their office they shown me the reply of school principal wherein it was mentioned that gratuity is paid on retirement and not on resignation, moreover about my first resignation, they had mentioned in that letter that "I resigned in the fit of anger". Those communications are with the DOE but no copy is supplied to me ever. After that through RTI I tried to get the updates from DOE in response to that I was just informed one line information that CCS rules are applicable in my case Since October 2012, I restarted my communication first writing a complaint to the PM office from where my letter was forwarded to DOE & CBSE via Ministry of Human Resource.; And further by CBSE it was forwarded to the school management for their point of view and to resolve the issue. By the intervention of controlling authorities, school management prepared the gratuity cheque but as that was not for the complete period of my tenure and was without interest of deliberate denial and late payment hence I refused to accept that in a personal meeting arranged by school principal in presence of DOE representative in last week of January this year. My other points were also reiterated in the meeting but school principal ignored them to reply and insisted only to accept the gratuity to close the matter.  After that I wrote a letter to DOE to seek their report on the basis of that meeting but so far I have not received any reply inspite of sending one reminder to them About Earned leave, by utilising my blank signed voucher they mentioned to the CBSE in their reply letter (copy provided to me) that they have paid EL encashment but simulteneously they provided another  voucher as a notice period salary deduction and amount was almost same was calculated for EL encashment.   Which clearly shows that without any physical transaction they have adjusted my earned leave encashment against notice period which was actually not due.  These vouchers were never provided to me earlier inspite of asking many time On this I have mentioned in my last letter to CBSE that these vouchers are just an eye wash as if the payment was done it must have been done through draft/cheque and no proof of such instrument is provided with the copy of vouchers as it was actually not paid.  More than one month has been passed,  I have been waiting for the reply but no communication received as yet Since my case is not reaching to any conclusion inspite of intervention of all controlling authorities, please suggest if I should move for the legal course of action and also please suggest the right judiciary level/authority to approach for my case thanking you in anticipation regards