Government employees group insurance scheme
Syed Sadiq Hussain
(Querist) 14 May 2016
This query is : Resolved
Dear experts;
GOOD MORNING.
The Rules governing the field of refund of the amounts accumulated in the Savings Fund of State's Group Insurance Scheme provide that; the interest on the accumulation towards Savings fund shall be allowed till the date of ceasing a Government servant to the member of the scheme.
Thus, I may please be enlighten as to whether a Government servant who remains absent from his duties for a longer period, say for a period of over three years, and given the punishment of Compulsory Retirement for the very misconduct by treating the entire absence period as "dies-non", can be denied the interest thereon for the period treated as "dies-non".
I will be grateful to the Experts, if they could cite the precedent, if any exists, on this issue.
I will post the relevant provision of the aforesaid rules if the same are necessary for rendering the considered opinion.
Sudhir Kumar, Advocate
(Expert) 14 May 2016
please state the problem. Do not set question paper for departmental examination.
Sudhir Kumar, Advocate
(Expert) 14 May 2016
another query at
http://www.lawyersclubindia.com/experts/Service-Matter-Providing-Clarification-595876.asp
Sudhir Kumar, Advocate
(Expert) 14 May 2016
also repeated
http://www.lawyersclubindia.com/experts/Pensionary-Benefits-598346.asp
Syed Sadiq Hussain
(Querist) 14 May 2016
Dear sir (Shri Sudhir Kumar ji),
I am not interested in wasting the time of my own or others because it is equally precious to everybody. What may I achieve by conducting the departmental examinations of such of the legal experts who are dedictated for the cause of public at the cost of their precious time.
But,I am really in confusion as to the method of seeking help from this forum. When I had ventilated my grievancnces in detail, the maiden query, I was asked to shorten the same. But, when another query is made in brief it is being treated as a question paper, in a staunching manner.
Be that as it may, I was absent from my duties unauthorisedly from 28/02/2012 and ordered to retired compulsorily from 24/05/2015. I have been a member of the GIS from its inception, i.e. from01/01/1982.
Rules make it very clearer that a Government servant shall continue to be member of the scheme until he cease to be in service due to; retirement/death in harness and resignation etc. etc. As such, the interest on the SF shall allowed on the accumulations in the SF till the date of his ceasing to be in service.
The rules further provide that if a government servan remains absent from his duties on EOL etc. and the subscriptions toards the scheme, for the period of such
absence, shall be recovered from his salaries after his resuming duties in not more than three instalments, with the interest which would been accrued to him for the period of absence.
However, such dues are required to be recovered with interest from the Savings Fund refundable to the family if such an absentee dies during the absence only.
But in my case, the authorities have paid me the amount which was at my credit as on 28/2/2012 stating that I am not entitled to the interest on the amount from Mar-2012 to the date of my retirement in May-2015, on the grounds of having treated my absence as "dies-non".
All my efforts to convince the authorities that the said amount is my property, since the same was deducted from my hardly earned salaries. The same was remaining at the disposal and utilisation of Government throughout the period of my service which stood to be treated as "dies-non", resulted futile.
This had lead me to the lawyers club of India. But, it seems from the taunting responses being made by the experts that this forum also is rendering opinions for the sake of opinion, i.e. as a farcical show and empty formality.
Thus, it is well established now that no lawyer is concerned with his paramount duties, inasmuch as he has no time at all to listin to the grievance of his client, generally a layman, and to see whether he has case ir not. Needless to say, I have handed over my case papers to an experienced lawyer practising in Administrative Tribunal, in August-2015 itself. But, he use to answer to my telephonic inquiries that still he is studying my case.
Please, keep in view the fact that advice seekers, particularly in service matters, who have ability of presenting their cases as briefly as the experts of exepect they would not waste the time behind the types of forums. Rather, they will obtain the judgements from the courts by filing their briefs as perfectly as the experts do expect from me.
