Attatching Terminal Benefits
Rakesh Bajaj
(Querist) 06 May 2011
This query is : Resolved
Can terminal benefits of an employee be attatched after he has retired and has been awarded a Major Penality as per Conduct,Discipline rules.
The rules per say are vague in this respect.
Guest
(Expert) 07 May 2011
You are probably trying to intermingle the court process in regard to attachment and the penalty imposed by the department in some disciplinary action in some departmental inquiry case.
Based on your present general query, you can expect nothing, except contradictory and misleading replies from the experts.
Guest
(Expert) 07 May 2011
For proper solution to your problem, better you come forward clearly with the real problem you are facing with clear information about when you retired from service, when the charge sheet was served, when and what decision was taken in the case, what is the link of attachment by any court with the terminal benefits and which type of terminal benefit was affected, etc.
Rakesh Bajaj
(Querist) 07 May 2011
Sir,
Chargesheet was served one day prior to retirement of the individual and after IA's report the DA awarded reduction in pay by one increment in the last month of service of the individual.
Now will gratuity and Leave encashment will also be reduced or only last months pay has to be reduced by one step without touching balance terminal benifits??
R.Ramachandran
(Expert) 07 May 2011
Dear Mr.Rakesh,
Say for instance, if you get increment in the last month, would you not get increased leave encashment and gratuity?
Accordingly, once the last month pay is reduced, naturally the leave encashment and gratuity would also correspondingly get affected.
In fact the pension would also get affected.
