no response from officer.
bijay prasad
(Querist) 16 July 2016
This query is : Resolved
I being a government of servant have claimed honorarium of rs. 34000/- on account of unscheduled duty that I discharged on direction of my superior. The nature of dutiez eligibles me for drawing honarium in terms of circular. but since last two years I have submitted claimed to all concerned officer but they are not responding and silent over my claim. Now I am willing to approach court. Would u please suggest what kind of suit I can file and what profit or compenstation I may claim along with honorarium.
Sudhir Kumar, Advocate
(Expert) 17 July 2016
The query is vague being silent on :-
(i) which is deptt.
(ii) which post you hold
(iii)what was the work.
(iv) who assigned the work.
(v) when you claimed arrears.
(vi) whether claimed in writing.
Guest
(Expert) 17 July 2016
Great, if the amount of honorarium works out to Rs.34,000/-! To be frank, your query seems to be hypothetical query.
Anyhow, please reply the following questions:
1) What is the response of your own superior who directed you to do unscheduled duty?
2) Whether that officer gave you any written order to do unscheduled duty on the basis of honorarium and on what rate per day or per unit of work?
3) What rate of honorariam has been prescribed for the unscheduled work?
4) Did you do that unscheduled work in dddition to your own duty, during, prior to, or beyond your prescribed duty hours?
SUPER SPECIALTY SERVICES FOUNDATION (INDIA)
Kumar Doab
(Expert) 17 July 2016
The author may post reply to the points raised by experts.
bijay prasad
(Querist) 17 July 2016
Three years ago i was engaged in duty of holding recruitment of constables of RPF in railway. Recruitment lasted for 60 days excluding saturdays and sunday. Rate of honarium at that time was rs 250/- per session and had worked two session in a days most often. My superiour had given written order for duty. When I claimed honorarium my application duly certified by chairman of recruitment committee was forwarded to headquarter for approval of FA&CAO as the amount was more than 10000/- . but in spite of my repeated appeal no response is being given to me till date.
bijay prasad
(Querist) 17 July 2016
Three years ago i was engaged in duty of holding recruitment of constables of RPF in railway. Recruitment lasted for 60 days excluding saturdays and sunday. Rate of honarium at that time was rs 250/- per session and had worked two session in a days most often. My superiour had given written order for duty. When I claimed honorarium my application duly certified by chairman of recruitment committee was forwarded to headquarter for approval of FA&CAO as the amount was more than 10000/- . but in spite of my repeated appeal no response is being given to me till date.
Rajendra K Goyal
(Expert) 17 July 2016
Use RTI to get information regarding fate of your letters / claim.
Guest
(Expert) 17 July 2016
Mr. Bijay Prasad,
You have not replied my question on "Did you do that unscheduled work in dddition to your own duty, during, prior to, or beyond your prescribed duty hours?"
Now my other questions are:
(2) Was recruitment of constables was not the part of your duty?
(3) During these three years what efforts were made by you to remind the authorities in writing with the date of last reminder for sanction of honorarium?
bijay prasad
(Querist) 17 July 2016
In railway 13 departments works apart from these departments there are rrb (railway recruitment board) and rrc (railway recruitment cell). these two boards are entrusted for recruitment in railway. When these board hold recruitment they borrow staff from any of 13 department. Staff borrowed are paid honorarium. There is provision in railway board circular and rates have also been prescribed as per category of works engaged.so it is not necessary above duty need to be discharged in addition to my secluded duties for drawing honarium. 2). Yes it not my scheduled duty.3). All correspondences have been done in writen with receipt acknowledgement . last reminder was sent on december /15. I have also filed rti followed by first appeal which were not replied. 2nd appeal is pending for hearing with CIC since long.
Kumar Doab
(Expert) 17 July 2016
Subsequent to your last post.
As per documents on your hands, and your view you are eligible @ approved honorarium.
As per you 'application duly certified by chairman of recruitment committee was forwarded to headquarter for approval of FA&CAO as the amount was more than 10000/- .'
If as per contentions of authorities, you are not eligible they could have issued a communique to this effect.
Perhaps they are struggling and hence 'first appeal which were not replied. 2nd appeal is pending for hearing with CIC since long.'
The cat shall be soon out of the bag.
Guest
(Expert) 17 July 2016
Mr. Bijay Prasad,
Things will get cleared on receipt of the information through CIC. If woould be benficial for you if you provide that information that your receive through CIC for future guidance. Oherwise, no useful purpose will be served, if some someone advises you when you are still in dark. Even if you want to go to CAT/Court sufficient evidence in your favour is necessary after you receive information through CIC.
Kumar Doab
(Expert) 17 July 2016
This is the time to draft the representations and obtain an order that can counter the objection of limitation, if possible.
Guest
(Expert) 17 July 2016
Dear Shri Kumar,
Limitation is not yet ripe, as the last correspondence with the administration the querist made relates to Dec. 2015.
Kumar Doab
(Expert) 17 July 2016
Respected Shri P.S.Dhingra,
Sir,
The author may incorporate such facts in his representations so that these are incorporated in decisions he intends to get.
The author may also get in touch with able experts like you to structure his representations so as to defend his interest in future.
The purpose my posts was to point out as above.
Guest
(Expert) 17 July 2016
Kumar ji,
Let him decide, what to do, whom to consult..
bijay prasad
(Querist) 17 July 2016
In fact limitation of time for approaching to court/cat has not expired yet as departmental channel had been exhausted on December/15. I also like to enlighten that earlier an enquiry was also conducted by officers of headquarter and found i had been engaged in duty for two sessions in a day which justified payment of above amount. Copy of enquiry report is also with me. My question is what will be out put of case if I approach to court. What profit do I get to compensate �fee of advocate. Can I also claim compensation for mental harassment or any other profit alongwith claimed amount.
Kumar Doab
(Expert) 17 July 2016
Senior Expert Shri P.S.Dhingra has appropriately guided.
You may decide as suitable.
P. Venu
(Expert) 18 July 2016
Yes, the appropriate remedy is in approaching the CAT. Limitation does not appear to be a constraint; even other wise, CAT would condone the delay if sufficient cause is shown.
Kumar Doab
(Expert) 18 July 2016
You have also posted in your last post that:
" I also like to enlighten that earlier an enquiry was also conducted by officers of headquarter and found i had been engaged in duty for two sessions in a day which justified payment of above amount. Copy of enquiry report is also with me. "
Isn't it sufficient for you and your matter!
"My question is what will be out put of case if I approach to court. What profit do I get to compensate �fee of advocate."
You have to settle your T&C, fee etc with your counsel on your own. You may visit and discuss.
All other points can also be answered by the counsel engaged by you.
Kumar Doab
(Expert) 18 July 2016
Moreover you are likely to get reply from CIC.
And the cat shall be out of the bag.
Dr J C Vashista
(Expert) 20 July 2016
Well analysed and advised by experts, I agree.
You should consult and engage a local lawyer practicing service matters.
