vamseekrishna v (UDC) 05 October 2013

Service gratuity on technical resignation

Dear Sir, After working in the scale of LDC in CAB for 4 years 5 months and 12 days, i have joined in another CAB as UDC after submission of Technical resignation.I have joined CAB initially on 18/02/2008 and i am covered under New Pension Scheme.

My previous employer denyed to transfer my Service Gratuity to my new organization, saying that persons covered under New Pension Scheme are not entitled for so.

My request to you is whether i am eligible for service gratuity? as i have submitted only technical resignation to my previous position, though i am covered under NPS.

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2 Replies

Isaac Gabriel (Advocate) 06 October 2013

There is no relevance between gratuity and the new pension scheme.Previous employer is bound to transfer the gratuity entitlements to the new employer.

vamseekrishna v (UDC) 07 October 2013

Thank you sir for your kind reply, but for me the problem is my present employer is not forwarding my letter addressed to previous employer written by me asking to transfer my service gratuity to present employer.

And also my present employer is saying they are treating me as a fresh candidate, though my application was forwarded through proper channel and relieved on technical resignation. Though my present employer is not given me anything in writing as of now, but the people in administration is saying that they are treating me as fresh candidate because i had been recruited on Direct Recruitment basis in the new organization.

Kindly clarify, whether i should be treated as fresh candidate or my previous service should be counted at present organization. And what are the steps that i can follow to get my service gratuity from previous employer.