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Mohammed Tariq (Executive)     25 May 2016

Need urgent help

Dear sir i have few queries. Kindly address them

1. I have been working in a school since 09 november 2015 which has not yet given me any offer letter, letter of intent or appointment letter. Kindly let me know by any law, am i required to give resignation if I leave the school or the school has any right to demand resignation in such a case?

2. Apart from this the school which is CBSE board has cut off some salaries when i forgot to sign in the attendence register and punch in biometric but in the class diary of each class i have my entry and signature to prove my presence.

3. Lastly they say that casual leave is not paid. what answer should i give them.

4. If i file RTI, what prove would i have to prove my action in case they say that they have not received any RTI.

5. If I file it now, the schools are on leave. Would they be penalise for not answering within 30 or 35 days

Please help me



Learning

 8 Replies

Kumar Doab (FIN)     25 May 2016

Look into service rules section in CBSE affilliation bye laws.

 

https://cbse.nic.in/affili~1/aff.pdf

 

 

G.L.N. Prasad (Retired employee.)     26 May 2016

It is not clear as to whether the school is a Public Authority or not and what exact remedy you wish to have at this point of time.

1.Submitting resignation is a legal  formality, irrespective of the past procedure followed by School.

2.You can file RTI Application to school and can obtain such records that confirm your presence and working in the school on that day.  Remember that every task is computerised now, and if you fail to follow the procedure like signing attendance register or bio metric attendance, the system can not go and identify your teaching in the class.  For those instances, it is your duty to offer explanation for not following the accepted/laid down procedure and then demand salary for your working through a detailed letter supported by evidence to the concerned authority.

3.When School Management has not said any thing, do not presume those things yourself, no school can in writing state that Casual Leave is not paid leave. First let them dare to say on record.

4.All RTI Applications have to be sent by Regd., Ack due or Speed post, and the delivery can be tracked in indiapost website, and one can download delivery status and can save the screen print.  There is a laid down procedure in RTI where you have to file first appeal if PIO fails to respond within 30 days from receipt of such application, and once again a self attested application has to be enclosed to your first appeal before Appellate Authority.  So your doubts are not founded by any reason.

5.Simply because RTI Application was not responded, they will not impose any penalty against PIO, as deliberate and malafide denail even after first appeal has to be pointed in the second appeal.  Even after all this, it is not mandatory to penalise PIO and it is discretion of Commission and appellant can only pray and can not mandate.

 

compliance   26 May 2016

Look into need or services which is important.

Kumar Doab (FIN)     26 May 2016

If no appointment letter etc layind down notice period/pay was issued to you and signed by you then you can certainly point out that no such condition is applicable to you.

Do you have any evidence that shall prove that you have been asking to supply the appointment letter etc.?

In case appointment letter etc is to be issued by employer but was not issued then it is lapse on part of employer.

 

You may also relate with State Education Act.

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     29 May 2016

2. Apart from this the school which is CBSE board has cut off some salaries when i forgot to sign in the attendence register and punch in biometric but in the class diary of each class i have my entry and signature to prove my presence.

 

nothing wrong on their part.

Sudhir Kumar, Advocate (Advocate)     29 May 2016

3. Lastly they say that casual leave is not paid. what answer should i give them.

 

NOT UNDERSTOOD WHAT DO YOU MEAN..

Sudhir Kumar, Advocate (Advocate)     29 May 2016

3. Lastly they say that casual leave is not paid. what answer should i give them.

RTI APPLIES TO GOVT BODIES ONLY.

Kumar Doab (FIN)     29 May 2016

You may act now.


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