Punishment of the employee with cumulative
Hema sarathy
(Querist) 04 May 2017
This query is : Resolved
Sir/madam,
A Government employee got a punishment - stoppage of two increment with cumulative effect. After stop the first increment he died, so we cannot stop the second increment. In this stage, we calculate the balance punishment and recovery from their family before giving the family pension or not. If it is not recovered please give me the government order / any judgement order
Thank you,
Guest
(Expert) 04 May 2017
Madam Hema Sarathy,
In what capacity you would be taking any decision in the case?
Guest
(Expert) 04 May 2017
By the way, when you don't know to which category the case relates, how you can be assumed that you are required to make some strategic decision about the service/ pension case of the deceased Government servant.
That all indicates that yours is purely an academic query, not an official problem to be solved.
Rajendra K Goyal
(Expert) 04 May 2017
Findings of disciplinary authority need to be referred in full.
Instead of taking decision at your level get the step approved from your controllers / get instructions clarified from personal department / law section.
Hema sarathy
(Querist) 04 May 2017
Thanks sir,
Here I explain the case, A tamilnadu government employee (Mr.x) joined in job on 14.12.1991as junior assistant and he got a promotion as assistant at 1997 onwards. And then he got a 17(b)chargers for patta transfer and then get a punishment - stoppage of two years increment with cumulative effect on 13.08.2014. His annual increment is every 1st January.
we can stop the 01.01.2015 increment and Mr.x died on 24.05.2015, so we cannot stop the second increment(01.01.2016), in this stage we calculate the balance punishment amount i.e, 25.05.2015 to 31.12.2016 and recovery from their family or not.
If not recovery from the family please give me the government order or any other tamilnadu judgement copy for this. So that i can help those family.
Because of this clarification, they cannot send the pension proposal.
Thank you,
Guest
(Expert) 04 May 2017
What is your official designation in your office and in which capacity you are supposed to take decision in the case?
Hema sarathy
(Querist) 04 May 2017
I am assistant and as per go.113 dated.02.08.2006 we have to recovery from the employee at any cost before the pension but it is applicable for death cases or not
So that I am asking for any other government order or any judgement order
Guest
(Expert) 04 May 2017
Ms. Hema Sarathi,
Your story is totally unbelievable. Apparently, your query is an academic query, as you don't seem to know even the elementary rules of drawing & disbursement.
As an Assistant, neither you are disciplinary authority, nor you have any authority to alter the order of the disciplinary authority, nor you are the DDO, nor you have any power to order to effect recovery of the amount from any officials pay or pension.
A question arises, don't you have any superior authority in your office to guide you appropriately?
It is a matter of commonsense, if something has not become due, how that can be recovered by assuming that the same has been paid to any employee?
Hema sarathy
(Querist) 04 May 2017
Mr.P.S.DHINGRA,
I asked my higher authority and they want government order or letter to not recovery the punishment from the deceased employee family. I tried so many ways but till not get any government order or letter for not recovery so that I asked for those g.o or letter at your knowledge please give me
Guest
(Expert) 04 May 2017
Ms. Hema Sarathi,
If your higher authorities are unaware of the rules & regulations, it is really a very pitiable condition of a Government office, which is run by such type of dummies. I wonder, how they could get promotions and how they would have done justice to the deceased Government servant. They may better resign, if can't justify their posting as Officers.
Anyway, I am still not convinced by such type of your vague plea on such a very vague query.
However, if there is even a slightest truth in your story, you may send a copy through email for my examination and the extract of order
of the authorities (with designation, if really there is any on your office record.
