Ravin Padathu 12 April 2017

Deemed resignation - retirement benefits

I worked in Central govt service for 18 years. I left the job without resignation and informing them when holding a group A post. After 12 years they sent me a letter stating that you will be terminated from service if not responded within 3 months. Then after 16 years (ie few months back) they sent me a letter attaching an order from the Under Sec stating that your absence is treated as a deemed resignation and you are not eligible for any Retirement benefits. I had around Rs 90,000. in my general PF account at that time and a member of Central Govt Empolyees Group Ins scheme when I was leaving the job. Some experts can clarify what is meant by the deemed resignation, what are the retirement benefits I am eligible and they are denying. What I can do at this juncture?

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4 Replies

(Guest)

There is a procedure when you have to resign. If you have not submitted resignation then at this juncture they are dischargin you without any benefits. Hence you wont receive pension( I am assuming you were appointed before 2003) and other benefits like gratuity etc.

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Ravin Padathu 12 April 2017

Thank you Arora, Yes I joined before 2003. How I can get my GPF and accrued interest and something from the Gorup Ins, any chance. They did not mention in the discharge letter that I am dischargded from service, what they mentioned is that "your absence is treated as "deemed resignation" and not eligible for retirement benefits". In the event of a resignation, I am eligible for some benefits? Is it correct?

(Guest)

You will need to show all the documents to a counsel practicing in service matters.

You may be able to challenge the order regarding deemed resignation then

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 14 April 2017

First write a letter to the employer seeking the payment of your money lying in PF account. After waiting for a couple of weeks, file a case (most probably in CAT) for your PF amount. In the case of resignation or deemed resignation, employee is entitled to his contributin in the PF Account.