chami (NA) 06 February 2016

Retirement dues held up

University of Hyderabad is a central University constituted by an act of parliament. I retired from the university after 30 years of service last Nov (2015). I received my gratuity and PF dues on the last day of my service. My november salary was held up for some reason but I got it after making a strong protest. I did not receive my salary slip and I think some deductions have been made. I am expected to receive significant amount of leave encashment dues that has not been paid so far. I have called, sent emails and met personally the concerned officers but nothing has happened. I have the following questions: 1. Is there a time frame in which they are supposed to settle the dues? 2. Can I approach the consumer court for redressal? 3. Can they legally delay payment of salary? 4. I have filed an RTI asking them to provide details of the reasons. 5. Your suggestions.

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8 Replies

Kumar Doab (FIN) 06 February 2016

Download the service rules and regulations, rules pertaining to FnF settlement etc.

If PF, Gratuity have been paid on LWD then leave encashment, Salary, leave encashment and all other payables should also have been paid alongwith.

The last salary shuld be paid on LWD,within say next 3days or max. by usual pay day.

Salary slip should be supplied atleast a day before pay day.

Any/all deductions should be shown in salary slip.

Generically speaking: Any deductions other than statutory deductions should be properly communicated well in time and/or with explicit consent of employee.

Have you recieved the reply to RTI?

You may narrate all previous representations (mention names/dates/brief minutes) to top most authorities including appointing authority, VC,Chancellor,Minsiter etc ......................under proepr acknowledgment.

chami (NA) 07 February 2016

Thank you Kumar Doab. We do not have service rules and regulations online on the university website. I have not yet received the response to my RTI query but I have sent it only on Feb 02. It will be due within 30 days. I shall send representation to the VC, Chancellor and the ministry of HRD within the next 2 days as per your suggestion.

Kumar Doab (FIN) 07 February 2016

Obtaine the service rules and regulations, conduct and discipline rules, FnF rules from the appropriate authority's office.

There are many united teachers's forums also that may help you.

YOu may also show all docs on record to ana able counsel specialzing in labor-service matters.

chami (NA) 07 February 2016

What is FnF rules? I am not familiar with the term. The registrar has already issued a formal termination notice but makes no mention of any pending dues.

Kumar Doab (FIN) 08 February 2016

In your first post in the query you have posted that you have retired.

In your last psot you have posted that 'Termination'.

Both are different classes of separation.

FnF is Full and Final.

It shall be certainly better if you consult an able counsel with copies of all dcos on record.

YOu have to arrange to get the copy of Rules and Policies that apply to establishment and employee on your own.

chami (NA) 09 February 2016

Sorry for the mistake: the letter from the registrar says "relieving order". It just says "Consequent upon his retirement from Service on 30-11-2015 on attaining the age of superannuation... ...stands relieved from his duties in the university w.e.f. 30-11-2015 A.N." There is no mention of Full and Final. It does not mention "termination".

Sudhir Kumar, Advocate (Advocate) 09 February 2016

1. Is there a time frame in which they are supposed to settle the dues? =============== YES ALL PAYMENTS MUST BE MADE ON THE DATE OF RETIREMENT ========== 2. Can I approach the consumer court for redressal? ========== NO YOU CAN ONLY MOVE TO cat IF YOUR INSTITUTION IS WITHIN ITS JURISDICTION OR TO HIGH COURT. 3. Can they legally delay payment of salary? YES IF THERE IS A DISCIPLINARY CASE PENDING ON THE DATE OF RETIREMENT ========== 4. I have filed an RTI asking them to provide details of the reasons. THIS RTI IS WASTE OF TIME AND STATIONARY. UNDER RTI YOU CAN ONLY SEEK FACTS AND NOT THE REASONS FOR ANY ACTION. YOU CAN SEEK MATERIAL INFORMATION I.E. DECISION TO WITHHOLD DUES / NOTING LEADING TO SUCH DECISION / ACTION TAKEN TO DISBURSE THE DUES

Kumar Doab (FIN) 09 February 2016

Your salary that was held up for some reason (not explained by you) that was not explained by a speaking order and was released later then it may amount to just delay in the salary and may be against employer.

Your resignation was accepted and reliving order was issued.

Before moving to court exhaust the internal remedies.

If you are not properly informed on internal remedies and recourse seek guidance from seniors/union leaders or your able counsel specializing in labor-service matters.