I'm a Tamilnadu govt employee but my salary not paid for 80
bhushan
(Querist) 14 November 2016
This query is : Resolved
Respected sir
I'm working in govt of tamilnadu , I got transferred three months back.. My previous office is not forwarding my service record and the last pay certificate to the new place of work . It was more than 70 days as of today .. I'm not able to get salary till now due to last pay certificate LPC not received in new office ..inspire of repeated reminders my old office superintendent is not forwarding it and replying in indecent manner .. What should I do next ..? Can I file a complaint against him.? Can a govt servant be denied salary for no reason like this ..? Plz guide me , I'm ready to fight for my rights
Ms.Usha Kapoor
(Expert) 14 November 2016
FIRST TRY CARROT POLICY. GIVE THEM legal notice and also consult union who may support you in this regard. Next approach a labor court.This is a stick policy.There may also be employees grievance cell. you tell your problem there.
Advocate. Arunagiri
(Expert) 14 November 2016
Write to the Secretary of your department, with a copy to your present and previous authorities.
Rajendra K Goyal
(Expert) 14 November 2016
Take up with your present and previous department. call them on phone.
Take up with the association.
Apply for adhoc payment.
Kumar Doab
(Expert) 14 November 2016
Write under proper acknowledgment.
Narrate all representations made so far.
Sudhir Kumar, Advocate
(Expert) 15 November 2016
Not able to agree with the idea of going to labour court as the given facts do not indicate whether the employee is workman or not.
Sudhir Kumar, Advocate
(Expert) 15 November 2016
Not able to agree with the idea of writing direct to the Secretary and land in disciplinary problems.
Sudhir Kumar, Advocate
(Expert) 15 November 2016
In such case there is a provision for giving provisional salary and your new deptt does not seem to be aware to the same.
Your specific questions are :-
What should I do next ..?
Can I file a complaint against him.?
PLEASE FIND OUT IF THE PERSON IS EXPECTING BRIBE.
IF SO FIX BRIBE WITHOUT ANNOYING HM AND APPROACH STATE VIGILANCE BUREAU SILENTLY. THEY KNOW THEIR JOB.
Can a govt servant be denied salary for no reason like this ..?
NO
Kumar Doab
(Expert) 15 November 2016
Mr. Sudhir Kumar has explained a perspective.
Write under proper acknowledgment.
Narrate all representations made so far.
Ask senior how are you expected to live more so in days of demonetization.
Rajendra K Goyal
(Expert) 15 November 2016
May proceed as per advice from expert Sudhir Kumar.
R.K Nanda
(Expert) 15 November 2016
nothing to add more.
bhushan
(Querist) 16 November 2016
Thank u sir's for your expert guidance . A common man like me is highly obliged to thank u for Ur legal guidance which we lack a lot . I shall proceed further as u adviced and update it as the issue proceeds . Thank u
bhushan
(Querist) 16 November 2016
Thank u sir's for your expert guidance . A common man like me is highly obliged to thank u for Ur legal guidance which we lack a lot . I shall proceed further as u adviced and update it as the issue proceeds . Thank u
Guest
(Expert) 16 November 2016
Mr. Bhushan,
You have not stated whether your present office has reminded or not for LPC to the last office.
In fact, yours is not a legal problem, as your question is odd and not in consonance of the rules of the Government, as their is clear provision in Government rules that in the absence of LPC, provisional pay can be claimed on your own declaration of the last pay drawn with complete details about basic salary, HRA, CCA, IT and other deductions.
You may do that now to claim provisional salary, subject to adjustment, till your LPC is received in the new office..
Kumar Doab
(Expert) 16 November 2016
You are welcome!
It is good to see that some authors do come back to post thanks.
You have posted that:
"My previous office is not forwarding my service record and the last pay certificate to the new place of work…………………………………….inspire of repeated reminders my old office superintendent is not forwarding it and replying in indecent manner ……………………………… Can a govt servant be denied salary for no reason like this .."
Thereafter Mr. Sudhir Kumar has already commented on 'last pay certificate' (short form) LPC; and provision for salary from new dept...........
So nothing addition if short for LPC is posted in new reply.....
Moreover it smells of indirect demand for illegal gratification............... which has also been addressed.
Further you may submit a representation and/or for provisional pay......as already posted.
Guest
(Expert) 16 November 2016
Similar to the jealousy filled objection, like, "nothing addition if short for LPC is posted in new reply.....," in the previous post by the expert, there was also no need to repeat suggestion for representation and or for provisional pay, as he said:
"submit a representation and/or for provisional pay......as already posted."
Whereas, he never advised for provisional pay through his earlier repeated advice, where he only suggested twice, "Write under proper acknowledgment. Narrate all representations made so far," in the name of legal advice but without suggesting to whom to write and for what under proper acknowledgment.
bhushan
(Querist) 22 November 2016
Helo sir's
I have made a representation to the previous office in writing to the Deputy director (Admin) with acknowledgment sent thru register post, explaining my difficulties due to delay in sending LPC . In regards to provisional pay as suggested in writing , My superiors are not accepting my handwritten pay drawn particulars and bullying me saying there's no such thing . Sir at this point I need to state a important fact , I'm preparing for UPSC exams for past one year and got selected in RRB Railway recruitment board exam a couple of days back . The main reason for their vengeance is this . They find reasons to take disciplinary proceedings against me thru any way. They are threatening lyk they l not relieve me nd all stuffs . Im afraid that in a few months as soon as I get my posting order from RRB they'l start playing with that too .
Im grateful to all of your advices , surely they will create problem at the time of relieving and i request your same kindness and guidance in that situation too.. Thank u
Rajendra K Goyal
(Expert) 22 November 2016
Try to have cordial relation with the superiors.
Have you applied through proper channel?
bhushan
(Querist) 22 November 2016
Yes of course ! Only after getting prior permission in written , I applied .
bhushan
(Querist) 07 December 2016
Respected Sir's
As I have already stated above , I didn't receive any payment of salary as of today but they have issued me a Memo regarding reason for unauthorized absence for past one week, as I took leave for the past week without intimation. I didn't do it willfully, I got selected for coaching for Civil services examination in Tamil Nadu govt civil services training center and it's a full Residential program for 7 months .. My query is sir Whether I can apply for EOL OO LOSS OF PAY for that period stating the reason that I'm preparing for UPSC exams? If rejected , what recourse Shud I take ? Am I eligible to take EOL for that period? I like to state that I'm not interested in any increment or promotional benefits from that department, can they make problem with my NOC when I leave that department as I already got selected in Railways ? Your kind and urgent advise is highly soughted in this regard . Plz guide .
Rgds
Bhushan
Rajendra K Goyal
(Expert) 07 December 2016
You should have applied for the leave and got these sanctioned. Office discipline should have been maintained.
Reply the memo and request to sanction the leave now, if your leave rules allow such process.
Guest
(Expert) 07 December 2016
Payment of leave salary depends upon regularisation of period of absence as leave due. So, get your leave sanctioned to become entitled to payment of salary.
Kumar Doab
(Expert) 07 December 2016
"I'm preparing for UPSC exams for past one year and got selected in RRB Railway recruitment board exam a couple of days back . The main reason for their vengeance is this . They find reasons to take disciplinary proceedings against me thru any way."
"they have issued me a Memo regarding reason for unauthorized absence for past one week, as I took leave for the past week without intimation. '
"I didn't do it willfully, I got selected for coaching for Civil services examination in Tamil Nadu govt civil services training center and it's a full Residential program for 7 months ."
RRB, now Civil services examination, and unauthorized leave.
You have got the memo.
The authorities have been looking for opportunity or not.
You have provided an opportunity.
Apply your rapport,skills, and try to Get your leave regularized.
bhushan
(Querist) 08 December 2016
As per your suggestion I have replied to the memo in a humble manner , apologizing for unauthorized absence . Shall I apply for EOL now to undergo my coaching for civil services ? Will it entailed to any removal from service ? I need EOL for maximum 8 months at the most . Then I can join . I have read that unless we have been in unauthorized absence for continuous 5 years we cannot be removed from service ! Is that true ?
Rajendra K Goyal
(Expert) 08 December 2016
Apply for the leave, better get these sanctioned and proceed for training.
Guest
(Expert) 09 December 2016
Mr. Bhushan,
It seems you have multiple problems, not a single problem with you. At first your problem was non-payment of salary due to non receipt of LPC, thereafter problem of unauthorised absence, and now you want 8 months of EOL in addition.
Why don't you come forward with the exact problem, if actually faced.
Your salary problem can be solved only on sanction of leave, if due, for unauthorised absence, but still at the discretion of the leave sanctioning authority how to regularise period or to issue you a charge sheet.
About your assumption of removal from service only after 5 years of continuous unauthorised absence, you have heard wrong. That is the maximum limit. Unauthorised absence for any number of days can attract penalty of removal from service at the discretion of the disciplinary authority after completion of formality of disciplinary action.
If you want EOL for 8 months, instead of asking here, you could have applied to the leave sanctioning authority. Sanction of leave depends upon the discretion of the leave sanctioning authority as leave cannot be be claimed as of right, as and when desired by the employee.
Kumar Doab
(Expert) 09 December 2016
The authorities know that you don't want to stay and someone else has to do the work, and you want leaves...................
IN addition apparently there seems to be some heartburn.
Better spend some quality time in person with local counsel at your location specializing in service matters and show all docs on record for a considered opinion....
Rajendra K Goyal
(Expert) 09 December 2016
Expert PS Dhingra has guided well, may proceed accordingly.
bhushan
(Querist) 14 December 2016
K sir .. Let me directly contact my leave sanctioning authority and submit a leave application.. I shall inform the updates .. Thank u .
bhushan
(Querist) 14 December 2016
K sir .. Let me directly contact my leave sanctioning authority and submit a leave application.. I shall inform the updates .. Thank u .
Rajendra K Goyal
(Expert) 14 December 2016
Leave application should be forwarded through proper channel, direct copy should be forwarded to sanctioning authority. You should meet afterwards.
Kumar Doab
(Expert) 14 December 2016
Submit leave application per due procedure, under proper acknowledgment.
Represent per due procedure, under proper acknowledgment.
Maintain proper and irrefutable record.
As per your own post, your superiors have made you a marked man.
bhushan
(Querist) 15 December 2016
K sir .. I shall act as you directed .. Thank u
dr g balakrishnan
(Expert) 16 May 2017
you file a writ mandamus under art 226 r/w 227 before Madras high court, and the state department secretary might be summoned, by that order your office might get all papers very soon tks
