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GOPAL BHANDARI   16 August 2020

Need help for payment of dues

Sir

Please help me to get long pending dues from government ( MOIAB), I resigned govt of India to join CPSU ( in 2008)as per rule with all the formalities and NOC from Department, initially the department denied payment of dues such gratuity and  leave encashment but after lots of application and online grievance my case was referred to MOIAB and after clarification from MOIAB( in nov 2012) they agreed to consider my case as absorption in Public Sector and issued order in March 2013, but payment was made in october 2015, in may 2013 I applied as per CCS Rule 26 for payment of Interest on delayed retirement benefits with effect from April 2009 ( six months from Date of deemed retirement October 2008) on my application also order was issued for payment of interest without any delay in december 2015, but when calculation of interest was made it was calculated with effect from March 2013 to october 2015, So I again applied for correction in date of calculation of interest calculation but till date no interest is paid nor the case is solved just they passing the time by referring my case to one department to another, meanwhile the scale of pay in which i was working has been increased with effect from 2002 and arrear is paid to all my batch mates, also order from High court is that arrear is to be paid to all even who left service, so I applied for the payment of arrear but that payment is withheld also since more than 2 years, Please help for my next course of action.

 

Thanks

Gopal Bhandari

I could attach papers for any details

  



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 9 Replies

Dr J C Vashista (Advocate)     16 August 2020

It would be better to seek professional services of a local prudent lawyer practicing service matters.

Shashi Dhara   16 August 2020

Approach high court as contempt of court.

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     16 August 2020

Give a notice through an advocate by citing the HC order also mention in the notice that if your instructions are not complied then you will be constrained to initiate contempt proceedings in the High court.

After sending the notice if they do not comply then initiate contempt proceedings.

GOPAL BHANDARI   16 August 2020

Thanks a lot to all for ur advice.

P. Venu (Advocate)     16 August 2020

Facts, as posted lacks clarity. Which CCS Rule 26? When you were a Central Government employee, how could you approach the High Court without approaching the CAT in the first instance.

Please post the complete, but simple and consistent, facts.

GOPAL BHANDARI   17 August 2020

Sorry sir it was typing mistake, it is actually rule of CCS Pension rule 68. (Interest on delayed payment of gratuity), Actually main aim for raising the query here was to get advice whether to go to court or to CAT first and that to with legal notice, so kindly guide me, If any other information is required, I could send u the copies of document also.

Thanks

Gopal Bhandari

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     17 August 2020

What is the order from High court " that arrears is to be paid to all even who left service ". If you have the high court order you can initiate contempt proceedings.

 

P. Venu (Advocate)     17 August 2020

You have a good case. But the facts posted are too disjointed to suggest any meaningful course of action. 

As already requested, please post consistent but relevant facts, leaving out the non-essentials. 

GOPAL BHANDARI   03 October 2020

Thanks to all of u sir, for ur suggestions and guidance.

 

 


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