Mismath in service related matter

Pradeep (Querist) 27 February 2014 This query is : Resolved
Sir, I am working in a PSU where peculiar incidence occurred. An employee appointed as Cat -I Mzr and later on promoted to the clerical grade. When he was appointed as Cat-I mzr his date of birth was recorded Feb 1958. Later on when he submitted his matriculate cert to get promotion it is seen that there is difference in between earlier recorded date of birth and HSC. As per HSC his date of birth is Feb 1954 . He got all promotional benefits on the basis of HSC. Accordingly employer decided to verify the cert from the concerned board to ascertain the genuineness of the cert. Several correspondence were made with the concerned board and requisite fees also paid but till date board authority did not reply. As the superannuation time is approaching management issued his superannuation notice on the basis of HSC. As per HSC he will be retiring from the service wef 28.02.14. Now the concerned employee take the shelter of law and got interim stay. Hon'Ble court directed to maintain the status quo till the outcome of decision. Now wheat steop management will take
1. Whether he will continue in his existing grade & capacity
2. Whether any fresh letter is to be issued to the employee , if so what type of letter to be given.
Can such case to be sustained in the eye of law as Honb"le SC given various judgement on the matter and matric cert is a valid documents and the Dob as recorded in the HSC should be taken as final. Kindly guide me

Follow Query

Report Abuse

Guest (Expert) 27 February 2014
1) The employee will continue in service in the wake of stay by court.

2) No fresh letter need be given to the employee.

3) Depends upon the how the employee sustains his case to prove his date of birth as Feb.1958.

P. Venu (Expert) 28 February 2014
The matter is sub-judice. The PSU is bound by the interim stay. However, the decision in the matter could be expedited or higher courts could be moved against the stay.

Rajendra K Goyal (Expert) 28 February 2014
Agree with the expert. Well advised.

Guest (Expert) 28 February 2014
The remedy lies in getting the stay vacated by the competent court of law.

T. Kalaiselvan, Advocate (Expert) 01 March 2014
As advised by Mr. Dingra, until the stay on the subject is not vacated, the PSU cannot proceed in this matter.

Sudhir Kumar, Advocate (Expert) 07 March 2014
The query is subjective and by now you will be having 10 Kg documents on the subject. It is not safe to give opinion without seeing papers.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries