Terminal dues of removed employee - assam state govt. psu
Querist :
Anonymous
(Querist) 12 July 2017
This query is : Resolved
An officer of a state Govt. PSU from Assam was removed from service on 26th February 2009. He was placed under
suspension on 29th March 2005 levelling a few false charges. An advocate from the legal advisers firm of the PSU was appointed as enquiry officer on 15/10/2007 i.e. after lapse of 2 rears and 7 months from the date of suspension.
The enquiry officer completed the enquiry in March 2008 and submitted his report in May 2008.. The management
had kept the report pending for about 10 months and issued a notice to the official that he has been found guilty in the enquiry and it was decided to removed him from the service. The officer had served the organization since 16th October 1973 and was due to be retired on 31th March 2009.. The notice for inflicting the punishment was served on 21st February 2009 and allowed the official 4 days time i.e. till 25th February 2009 for filling an appeal if he wish.As per the service rule of the PSU an employee is entitled for 15 days time to submit his appeal on such notice. The officer requested the management to allow him 15 days time as envisaged in the service regulation, but the management denied the time. Management also denied the copies of vital documents which are the parts of the enquiry report and vital document prepare his appeal and served final order of removal from service with effect from 26th February 2009.
During the suspension period from 29/03/2005 to 26/02/2009 the officer was also denied the due subsistance allowance and was paid a lumpsum advance. The service rule of the PSU was silent about the terminal dues of an removed employee. The removal order also did not mentioned about forfeiture of the terminal dues. Repeated letter from the officer for release of his terminal dues has not been responded. The officer got only the CPF settlement from the EPF authority. Following dues are still pending- (1.). Arrear salary dues m 2001, (2). Leave encashment, (3 ). Gratuity dues , (4 ). Pay difference for suspension period , (5 ) Arrear pay dues for pay revision since 2006.- - Kindly advise about the legal remedies if any .
Rajendra K Goyal
(Expert) 12 July 2017
No reply to query from an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Kumar Doab
(Expert) 12 July 2017
AQ.....NO reply.....
P. Venu
(Expert) 13 July 2017
Why is that the matter is being taken up after more than 7 years?
T. Kalaiselvan, Advocate
(Expert) 17 July 2017
What have you been doing for all these eight years or more without taking any action on it?
Hope you have initiated legal process claiming your dues, but you have not mentioned the steps taken by you in this regard and you want just opinion or suggestion to recover the dues to you?
If you have not taken any action to recover your dues so far then I am afraid that your claim may be barred by limitation.
If you had been in continuous process for claiming the amount that are due to you, then you can initiate recovery suit along with the damages.
In fact when your services were terminated, you had the opportunity to file a writ petition and obtain a stay order to stay the operation of the termination orders on the basis of the said irregularities that you have mentioned in your post.
I think you have not come with proper details hence any pinion or suggestion given to improper question may further misguide you, hence it is better you consult an experienced advocate in person and get the things clarified as well as suggestions on all such further issues
Kumar Doab
(Expert) 17 July 2017
Dear LCI Querist,
In one line Not to represent to authorities per service rules is grossly wrong advise.
Did your local very able senior counsel of unshakable repute and integrity specializing in service matters advise you not to represent!
Kumar Doab
(Expert) 17 July 2017
Approach with case file a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters for a considered opinion. Inquire locally for such counsels and you will have a list of all such few counsels at your location. Chose carefully, a counsel that suits you. Use the inputs received by you in this thread in your future endeavors. Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of . There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers. The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation…………… There are many threads on similar queries that you may find relevant and useful and can be searched in SEARCH option e.g;
Kumar Doab
(Expert) 17 July 2017
Watch your profile pages and inform about any allurements ( Pralobhan) or abuse at your profile or in this thread or by PM..................
Kumar Doab
(Expert) 17 July 2017
The groups and gangs are visiting profiles of querist and asking for work and money. It is virtually like ringing doorbells knocking on doorbells. Such groups,gangs, gang members, gang leaders are lowliest in the lowly and are lowering the image and repute of LCI and experts. Mufatkhori ki had hai.
Freemongers have crossed all limits.
Mr.P.Venu has also brought it in the knowledge of readers.
Sudhir Kumar, Advocate
(Expert) 15 July 2017
