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Representation of my earlier query with add information

(Querist) 29 October 2016 This query is : Resolved 
REPRESENTATION OF MY EARLIER QUERY WITH ADDITIONAL INFORMATION
Sir,
I am a science graduate, and I worked as an officer in a nationalized bank as an officer, and now I am retired from service on 29-09-2016.
Earlier to that I was having a housing loan a/c at a co-op bank, I transferred that a/c to my bank. This I done because our bank is having facility to deduct EMI from my pension a/c and there is a HO circular to this effect.
Now I am retired and my PF and Gratuty are not released, because, they want to close my housing loan out of my terminal benefit. I put forward my representation many times to this effect, yet management could not take any decision till today, and it is an unresolved issue.
I earmarked this amt for my daughter’s marriage. Without this amt my daughter’s marriage is impossible.
I transferred this loan a/c on confirmation by our chief manager of our bank, and under his confirmation to deduct EMI from my pension a/c.
Under this circumstance please guide me what is better for me.

Mr.V.A.Todurkar.
Guest (Expert) 29 October 2016
Dear Vinayak,

PF cannot be withheld in any case. So far as gratuity is concerned that can also not be held, except in pending disciplinary case.

However, you may please check terms & conditions of the agreement, if any signed with bank while transferring your housing loan to the bank for deduction of EMIs, e.g. swaping of the balance amount of housing loan or an undertaking to adjust the balance out of the gratuity amount and PF balances.
Kumar Doab (Expert) 29 October 2016
You may pick up the relevant points from an old and illustrated thread at:



http://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp



Kumar Doab (Expert) 29 October 2016
You could have continued in old thread and posted response to the points that were raised by experts.
Devajyoti Barman (Expert) 30 October 2016
File a writ petition.
The OF and gratuity can not be out under attachment.
The bank is doing the illegal things and certainly would be hauled up in court if you file writ of mandamus.
adv.bharat @ PUNE (Expert) 30 October 2016
Agreed with expert opinion.
Kumar Doab (Expert) 31 October 2016
You can benefit from the proper advise of experts in all threads initiated by you.
Rajendra K Goyal (Expert) 31 October 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Not-releasing-my-terminal-benefit-621256.asp

In previous as well as this query, you have not cared to inform vital information i.e.

What was the amount of loan?
what was EMI?
what is your proposed pension?

Rajendra K Goyal (Expert) 31 October 2016
What amount of terminal benefits was withheld?
Have you gone through your loan documents you signed?
Have you signed letter to PF trustees for lien of Bank on it?
Have you represented in writing to release your funds?
If yes, what was the reply?
Kumar Doab (Expert) 31 October 2016
The author may reply to the points raised by Expert Mr. Goyal.
Rajendra K Goyal (Expert) 31 October 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Repeat-of-my-query-with-additional-information-621646.asp

http://www.lawyersclubindia.com/experts/Not-releasing-my-terminal-benefit-621256.asp

http://www.lawyersclubindia.com/experts/Non-releasing-of-increment--506206.asp
Kumar Doab (Expert) 31 October 2016
Why to repeat and repeat so many times?

Share all facts in one thread.


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