retiremental benefits
rakesh
(Querist) 16 May 2011
This query is : Resolved
i joined doordarshan bilaspur on 13th nov 2002 and with permission from my appointing authority i.e Station Engineer Doordarshan Bilaspur applied for the post in SAIl(CPSU) inyear 2008 and also Noc was given to me from office to attend interview after final selection i resigns from the post and applied for my retiremental benefits then in may 2010 i received a sanction of half of my EL then i claimed that as i took permission and permission was granted so my case should be treated as absorption in cpsu as per the DOPT OM NO 28016/5/85-Estt. (C) Dated 31st January, 1986 then my case was referred to Directorate Delhi for clarification by Doordarshan Bilaspur, i received a order from Directorate that "my case is of simple resignation and not Permanent absorption as the rule position clearly states that retrospective absorption is not permissible"
Now my question to all is whether the order by directorate is correct as far i am concerned i am not claiming for retrospective absorption and claiming for immediate absorpion as per the rule, kindly help
Isaac Gabriel
(Expert) 16 May 2011
NOC dosn't mean that you are entitled for retrospective absorbtion.Since each PSU is a separqte entity,they are governed by their own serice rules.
rakesh
(Querist) 17 May 2011
but isaac sir as per the guidelines of DP in the OM mentioned it is mentioned that a person resigning to join CPSU with proper permission must be treated as deemed to be retired so my question is that whether the decision of directorated doordarshan is correct or not.
Guest
(Expert) 18 May 2011
Dear Mr. Rakesh,
Probably you are misinterpreting the provisions of the OM of the DOPT. You can get benefit of the past service in your previous organization about pay protection and counting of service towards your retirement benefits on absorption in the CPSU, but not absorption in the CPSU with retrospective effect.
So, it seems there is some communication gap in your case. Either you could not correctly represent your case to the authorities, or your previous organization could not properly understand that, or even the NOC etc. would not have been obtained from your cadre controlling authority before applying for the job in the CPSU.
You may therefore like to recheck your case and intimate the correct position of your case.
rakesh
(Querist) 18 May 2011
thanks for your reply Dhingra sir
i want clarify once again
1) i took permission prior to applying for the post in cpsu from my appointing authority.
2) NOC was issued on demand to attend Personal interview.
3)on final selection i submitted my resignation mentioning the reason and requested to be relieved on specific date and i was relieved on that date.
4)after that i submitted application for all my dues in 0ct 2008.
5) in may 2010 i recdived a sanction of leave encashment of amount which is for 50% of EL then i wrote that as i have took permission and also permission was granted my case is of resignation to join CPSU in that i should be treated as Deemed to be retired.
6) then the case was referred to Directorate Doordarshan by appointing authority in reply the Diretorate has written that Retrospective absorption is not possible.
7) but as far as my claim and as per the OM i am claiming for immediate absorption.
Please clarify what's the legal meaning of Retrospective Absorption.
Also to mention that one of my friend who resigns from ordnance Factory to join with me in SAIL his dept has already cleared all his dues.kindly advice what should my future course of action
thanking you
Gopal Bhandari
Guest
(Expert) 19 May 2011
Dear Gopal,
As regards retrospective absorption that means absorption from back fate well before your joining the new organization. That cannot be possible. You could have claimed all the benfits of your past service through your new organization (SAIL) as per the provisions of the OM.
About your future action, that depends upon clarification from you. In your case, you have not mentioned whether you have been posted in SAIL on deputation basis or on regular basis without the conditions to return back to your original organization?
rakesh
(Querist) 20 May 2011
thanks sir
i joined SAIL on Regular basis and not on deputation ( also to mention as per OM "deputation of Central Government servants to the Central public enterprises would not be allowed and the officers could join the enterprises only on immediate absorption basis") so i am claiming that my case shoul be treated as per the OM, but in reply from directorate Doordarshan has ritten that my case is of simple resignation and reason given is that rule position clearly states that retrospective absorption is not possible, but the point to mention is that i am claiming that my case should treated as immediate absorption as per the OM and not retrospective absorption, so kindly guide.
Thanking you
rakesh
(Querist) 25 May 2011
one more thing is to mention here is that one of my friend who also joins SAIL with after resigning from Ordnance factory, his dept has cleared all his dues such as retirement & service gratuity full encashment ot EL and encashment of HPL but my dept is not saying i am eligible only for half encashment of el,
kindly guide whether two govt deptt( Doordarshan and Ordnance factory) can have different rules.
thanks
