Non- payment of arrear after proper resignation after lic of india
mithlesh kumar
(Querist) 26 September 2011
This query is : Resolved
I had worked as Assistant Administrative Officer(AAO) from 03.09.2007
to 12.02.2010 in LIC of India. I resigned through proper channel from the post of AAO
to join the Income Tax Department as an Inspector. Wage revision was
due since 01.08.2007 in LIC. After my resignation,When the Wage revision in LIC has come, I sent a request
letter to my last working branch (Poonamallee, 80N, Chennai) for the
payment of arrear. But the same was denied with reference to the
circular issued by LIC of India for the arrear payment -"..... Class-I officers whose resignation had been accepted
on or before the date of notification irrespective of whether they are
relieved or not or whose services had been terminated under Rule 39 of Life Insurance
Corporation of India (Staff) Rules, 1960, during the period between 1.8.2007 and 08.10.2010(both days inclusive) shall not be eligible for the arrears on account
of this revision."
What I should do for receiving the arrear payment after the wage revision in LIC and whether the case is favourable or not, Kindly suggest me.
Awaiting for an early and best suggestion.
Yours faithfully
MITHLESH KUMAR
Inspector of Income Tax
email id- dangimk@gmail.com
R.Ramachandran
(Expert) 26 September 2011
Dear Mr. Mithlesh,
Please visit the FORUM area of this website. There there a host of persons similarly placed like you discussing on the issue and trying to approach the Court of law.
prabhakar singh
(Expert) 26 September 2011
you are rightly guided by Mr. Ramachandran.
mahendrakumar
(Expert) 27 September 2011
salary revisions being done in LIC by govt notifications.
Since LIC has not done anything contrary to the notification,You cannot blame LIC,as there is no lapse on the part of the LIC.
I feel,there is no scope for your case in this pretext. as such any move in this connection will be a wastage of time and money.
Advocate. Arunagiri
(Expert) 27 September 2011
As per the circular, you are not eligible for the wage revision. This is the usual practice of the Govt companies, you can not get the wage revision benefits, if you resign or got terminated.
You can try your chance through a writ.
R.Ramachandran
(Expert) 27 September 2011
Dear Mr. Mahendrakumar,
Whenever any pay revision comes, it will come with a cut-off date. Normally the recommendations of the pay revision gets accepted later and orders are issued. But the cut-off date always happens to be a date prior to the date of the issuance of the implementation order.
Thus, normally, whoever were on the rolls of an organization on the cut-off date should be eligible for the wage revision.
But unfortunately, in the case of LIC, they are not extending the benefit of pay revision to those who were on the pay rolls on the cut-off date and left the organization for one reason or the other, prior to issuance of the Implementation Order. In other words, if one person has been on the rolls on the cut-off date, and was serving for say 1 or 2 years after the cut-off date, but just one day prior to the issuance of the implementation order, if he had quit his job, he stands to lose the benefit.
To me, it is utterly arbitrary, illegal and unsustainable from any angle.
Therefore, I am not ready to buy your statement "I feel,there is no scope for your case in this pretext. as such any move in this connection will be a wastage of time and money" without giving it a best fight.
Guest
(Expert) 27 September 2011
Dear Mithlesh,
Naturally, the DDO of the LIC cannot go against the policy decision of the management, which must have been taken on the basis of some board resolution of the LIC. If you can get a copy of the duly passed Board Rsolution, the problem can be reviewed with reference to that resolution.
However, I am of the firm opinion that once some pay scales are adopted with retrospective effect, the right and claims of the employees working as on that date should not be ignored by any organisation.
Since LIC is a Government of India's concern, priniciply it should not have ignored right to equality as granted by the Constitution.
mahendrakumar
(Expert) 28 September 2011
Dear Mr.Ramachandran,
I still feels,there is no scope for success,as a case of this nature may take ages to settle.
LIC has not misinterpreted anything against the employee here,eventhough ,an element of denial of natural justice is visible.
It is pertinent to note that the employee was not in the service of LIC at the time of the said wage increase notification and the such adverse clauses in wage revision notifications are not a new thing.
I do agree that there is always scope for a case in almost all issues.
However,it is my perception in the issue on a practical note. The querist has full liberty to choose best course of action deemed fit for him from the advices of experts.
R.Ramachandran
(Expert) 28 September 2011
Dear Mr. Mahendrakumar,
I value your views.
Having said that, please give one valuable reason for denying the benefit to a person who was on the rolls of LIC when the wage revision is to take effect.
The thing is, I was in service on the day when the Notifiction granting wage revision from a retrospective date, and then quit the job the next day of the Notification, I am eligible for all the benefits.
But, though I was in service on the day when the wage revision has to take effect, but quit the job just one day prior to the issuance of Notification, I will be denied the benefit.
What is the objective sought to be achieved, what is the rational in fixing such an arbitrary condition.
How many number of years / ages it will take and whether ultimately one succeeds in the case or not cannot be the determining factor.
If one strongly feels that he is being unduly denied a right, he has every reason to fight. I am quite sure, by properly taking up the fight, they are sure to win and pave the way for future generations to benefit from the struggle.
mithlesh kumar
(Querist) 28 September 2011
Dear Sir
Is there any H.C. or S.C. decision which is similar to my case, i.e. related to the payment of arrears after resignation of the post by the employee. If some judgement is there, kindly quote the same.
Thanks and regards.
---- Mithlesh Kumar
mahendrakumar
(Expert) 01 October 2011
Dear Ramachandran,
I have made the observation based on my personal experience on more or less similar experience of pay fixation.
affected persons collectively fought at High court first and finally at Supreme court.
The case was argued by famous adv.KK Venugopal at Supreme court. The case was lost after about wasting lot of money and about 6 years.
If you know any favourabe decision of HC or SC on similar case of the querist,please advise him so that he can fight on some hope.
