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Compensation for non payment of salary

(Querist) 27 May 2009 This query is : Resolved 
A central service employee drawing monthly salary of Rs 18,000/- per month deprived of his salaries for the last 32 months due to ulterior intention of his superior authority.



hage nibo (Querist) 27 May 2009
In the meantime, he went on managing for daily family needs by borrowing money locally @ 5-10% per month and is presently indebted with several lacs rupees.

As a consequence, he suffered an untold mental agony(you may say all the features of mental disorder)plus quarrelsome atmosphere has been created in the family, which was otherwise a very happy & peaceful one.

In such circumstances, would it be appropriate/wise to demand for 50 lacs as compensation in addition to the arrear claims of his salaries with 5-10% interest per month???

Swami Sadashiva Brahmendra Sar (Expert) 27 May 2009
You may claim. however you must be knowing , why the salary is withheld.
Uma parameswaran (Expert) 27 May 2009
Yes . It is an appropriate demand.
hage nibo (Querist) 27 May 2009
Subramanian jee,

The immediate(controlling officer)of the employee had been submitting his attendance register marked as absent to the higher authority for monthly salary.

This arose because of the communication gap compounded with ulterior intention of the controlling officer.

Office of the employee being at some interior place and the payment being made at higher authority's office in capital town.The controlling officer cited the reasons being some administrative formalities, coz the employee had availed un-authorised leave for one year prior to this.After witholding of 3-4 months the employee was so depressed that he has been suffering from mental stress and the time went on passing till it is 32 months.

In such circumstances, how the judge can be convinced? Coz, as you said, it is unconvincing and seems to be vogue.

ANY CITATION??? EVERY LD. MEMBERS PLS. ADVISE TO MAKE THIS CASE AS STRONG AS POSSIBLE... IT IS NOTHING LESS THAN INSTIGATING THE EMPLOYEE TO COMMIT SUICIDE !!!!!
PARVEEN DEEPAK ARYA (Expert) 27 May 2009
The problem is quite absurd and the employee is responsible too for this situation . when the employee know that the controlling authority is acting malafidly why he has not approached the higher authorities ? why letters have not been posted qua the conduct of the controlling officer/ Why a legal notice were not served upon the authorities for such a long span of time i.e 32 months . non of the court will believe the version of the employee that the controlling authority did it malafidely .The case is quite week . however the employee can still start informing the higher authority about his presence . file representation can obtain affidavits of the collegues about his presence
B.B.R.Goud. (Expert) 01 June 2009
if it is genuine case, u can file a case to get the compensation.


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