Final settlement
srinivasan J
(Querist) 20 May 2017
This query is : Resolved
I have been suspended from services of ntpc psu in 2011. i was getting subsistence allowances till 2013. then ntpc stopped allowances. the departmental inquiry started in 2013 but no data was provided to me to defnd myself. i moved jabalpur high court for judicial remedy for allowances and providing me data. jabalpur highcourt gave verdict that i need to complete inquiry and ntpc has to pay allowances . i completed inquiry. but ntpc instead of releasing 75% allowances from 2013 , paid only from 2015 january. on november 22nd ntpc has terminated me based on inuiry committee recommendations. ntpc also filed an fir and rgistered a criminal case under sec 420 and the case is still pending for final verdict at lower court. before court decision, ntpc terminated me. now nearly 6 months got over ntpc is not giving me final settlement. lastest news rceived from ntpc is in a week they will be releasing the settlement. My question is: 1. i was suspended , then trminated. My final settlements will be calculated as per my eligibility as a normal employee or ntpc will calculate my final settlements keeping me as suspended employee eligibility. 2. if ntpc keeps me as suspended employee eligibility, then will they release the allowances from 2013 to 2015 or not. 3. will i get my pf/pension/gratutiy benefits. please clarify. also. please advice, if in the criminal case, if i am acquitted., can i sue ntpc and is there any chance of getting job back after acquittal.
Sudhir Kumar, Advocate
(Expert) 21 May 2017
non-payment of subsistence allowance despite court order is a god defence to get the quash of penalty
srinivasan J
(Querist) 21 May 2017
Thank you Susie sir. Accordingly ntpc has to pay the unpaid subsistence allowance from 2013 to 2015 - non paid periods at 75 percent . My query is final settlement will be done at suspension level or final settlement will be or to be done as per normal / regular employee entitlement. Including perquisites, bonus leave encashment and all. Please clarify
srinivasan J
(Querist) 21 May 2017
Also mention regarding payment of gratuity. I joined in 1986 with ntpc got suspended in 2011 terminated in 2016. Will I get gratuity
Guest
(Expert) 21 May 2017
Gratuity not permissible in the termination in a disciplinary/ criminal case.
Guest
(Expert) 21 May 2017
Agree with Senior Mr.P.S.Dhingra
Guest
(Expert) 21 May 2017
About other questions as per your original query, the following will be the position:
1) In termination case, no pension is permissible. However, if you are exonerated in both the departmental and the court case proceedings, you would be eligible for full pension, as based on your presumptive pay, whatever you would have received had you not been suspended or terminated. In that case, if exonerated of the charge in departmental as well as court case, you would also become eligible for payment of gratuity also.
2) You are eligible for subsistence allowance for the whole period of your suspension right from the date of suspension till date of superannuation, even if terminated.
3) About pension and gratuity, already replied. Your PF cannot be forfeited in any case. That is your rightful claim.
Further, about suing NTPC that all depends upon the nature of the case. Any advice can be possible only after detailed examination of your case papers and the real background of the case.
Guest
(Expert) 21 May 2017
Dear NJS Rajkumar,
Thanks for agreeing with me.
srinivasan J
(Querist) 21 May 2017
Thank you dhingra sir. Ntpc does not have any pension plan. Under pension scheme monthly deductions of fixed amount got deducted from salary/allowance. I hope ntpc will payback the deducted amounts asap. Further on acquittal from criminal case I will update the status here for further GUIDANCE. Inquiry proceedings also completed by ntpc without providing me the document data from which I can establish my defense. The inquiry committeee mercilessly rejected my defense submitted by me and awarded termination before criminal trial verdict. The subject matters of inquiry ND case are same
srinivasan J
(Querist) 21 May 2017
Sir. Is bonus payable on termination. I have not been paid since suspension from 2011
srinivasan J
(Querist) 21 May 2017
Sir. Is bonus payable on termination. I have not been paid since suspension from 2011
Guest
(Expert) 21 May 2017
You will not get bonus, as bonus is dependent upon productivity being on duty, not when under suspension.
Guest
(Expert) 21 May 2017
Well Advised by Expert Mr.P.S.Dhingra
Guest
(Expert) 21 May 2017
Rajendra ji,
Thanks for agreement with me.
Guest
(Expert) 21 May 2017
NJS Rajkumar ji,
Thanks for your appreciation.
Guest
(Expert) 21 May 2017
Welcome Sir
Dr J C Vashista
(Expert) 21 May 2017
Well advised by Dhingra ji, I agree with him.
No bonus, gratuity or pension is admissible till you are exonerated (on merit) in your criminal complaint case.
However, issue legal notice through your counsel for payment of outstanding subsistence allowance and arrears of pay along with certified copy of entire case file/proceeding/documents of DE, if not provided during inquiry as well as proceeding of DAC.
Did you avail the opportunity to submit statutory appeal through departmental channel against your termination?
Guest
(Expert) 21 May 2017
Dear Dr. JC Vashista,
Thanks for your appreciation and agreeing with me.
srinivasan J
(Querist) 21 May 2017
Respected vashista ji. I have availed the opposite through RTI ALSO TO provide me data/documents. Ntpc rejected that also. They have not paid subsistence have from 2013 to 15. Amounting the nearly 15 lakhs. My family financial constraints restricted me to go for music assistance. I attended inquiry as per high court order and submitted my defense from the document given to.e. still it seems ntpc does not want to hear myside. It terminated me before the criminal case verdict. Now I am waiting for my final settlement from November 2016. After getting that only I am thinking of seeking judicial assistance. I will update the happenings on receipt. God only has to help in getting my due amounts at the earliest.
Guest
(Expert) 22 May 2017
Mr. Srinivasan,
I will not be wrong, if I say either you are not serious about your problems or you have tried to exaggerate the problem. If there is any truth in your version, you have to take the issues very seriously, as your problems cannot be solved by taking that in a very casual manner by merely asking questions based on your own perceptions.
In fact, your case related documents, including the departmental inquiry proceedings, are required to be examined thoroughly to arrive at some purposeful opinion for any further guidance, as to how you should proceed to get the arrears of your subsistence allowance recovered from the employer, how to proceed against the departmental disciplinary case and how to tackle you court case without making any wrong mix-up of all the issues in one, which I think still remain to be accomplished as per the requirement of the rules, procedure and the laws on the subjects, but you think to have been over. You should know that all the cases are separate from each other.
srinivasan J
(Querist) 22 May 2017
Thanks Shirley grab sir for valuable advice. Sir I am not going to sue ntpc for any violation in inquiry. I just need from ntpc is just what I am e titles for settlement. I know they may impose penalty or do any deductions.for whatsoever reason. They met deduct from. My income and reflect in payslip or they may take cheque for equal amount from net pay. In my case they asked me to go e check k for balance loa s etc . If any obligation arises after lower court decision. Then me essary acting will be taken over. Thanks for clarifying me
Kumar Doab
(Expert) 22 May 2017
Dear LCI author @ Mr.srinivasan J,
You may preferably show all docs on record to a very able local counsel at your location of unshakable repute and integrity, specializing in Labor/service matters.
Local counsel(s) can do the best for you.
Online discussion have its own limitations.
The discussions at LCI are FREE.
The consultations are FREE.
Kumar Doab
(Expert) 22 May 2017
Dear LCI author @ Mr.srinivasan J,
It shall be Super-Erroneous for you to believe that there are NO able counsels at your location.
You have faced litigation and by now would be knowing all such counsels at your location.
There are endless number of threads at LCI by authors/querists like you that have been fleeced by posers loitering at online portals like LCI............. posing as some Lawyer and even Chief Lawyer of some firms that are advertised as some Super Law firms that are not law firms..........They are infact Liars and firms are Liar's firms.....
So prefer to consult your own able counsels at your own location.
Kumar Doab
(Expert) 22 May 2017
In many threads the querist/authors (employee like you), like you were coerced, cajoled to send their docs by emails and later it got posted:
'Khoda Phaar Nikli Chuhiyaa'.
You don't have to pay any fee etc at LCI.
Kumar Doab
(Expert) 22 May 2017
"lastest news rceived from ntpc is in a week they will be releasing the settlement. '
Let this come to you in published/printed form.
