Special leave and self lease
DKTAZILANOM9909
(Querist) 12 July 2013
This query is : Resolved
Question -1
We are working in a central PSU. We have a self lease scheme instead of HRA. Eligible employees need to make an agreement for 10 years period for self lease with the PSU. Our payment for self lease was done in our earlier scheme with related to the basic pay of an employee. Later in 2010 the self lease scheme was modified and enhanced payment was done which was related to the grade of employee even those employees who made 10 years agreement as per old scheme earlier. In 2013 the scheme was further modified and entitlement corresponding to grade was increased. But this time PSU made the rule that earlier who had made 10 years agreement will not get the enhanced amount. So currently one problem arises. Those employees who are applying for the first time now are getting more amount though their grade are same but junior with lower basic pay compare to those earlier employees who made 10 years agreement. My question is that can it be termed pay anomaly as senior employee with higher basic pay is getting less?
Question – 2
Can an employee of a central PSU file writ petition in high court for violation of any rule in that PSU instead of raising disputes before RLC(C)?
Question - 3
Can the concerned employees of a central PSU get special leave for panchayet Election as per circular of West Bengal Govt? Our leave rule is as under :
LEAVE RULES of the PSU
12.2.2. Additional Holidays
iv) In the event of the State Government/Union Territory Administration declaring a special occasion as an additional paid holiday for its industrial workers, all administrative offices and operating units of IOC located within that State/Union Territory will also observe an additional closed holiday.
Circular of West Bengal GOVT
Dates of Election declared as Public Holidays under NI Act
Government of West Bengal
Finance Department
(Audit Branch)
Writers’ Buildings, Kolkata-700 001
No. 5482-F(P), 9th July, 2013.
MEMORANDUM
In view of the elections to the Gram Panchayats, Panchayat Samitis and Zilla Parishads to be constituted under the West Bengal Panchayat Act, 1973 and to be held on 11th, 15th, 19th, 22nd and 25th of July, 2013 in different districts in the State (except Darjeeling), the Governor is hereby pleased to declare the said days as public holiday under the Negotiable Instruments Act, 1881
All Government Offices, Organizations under it, Undertakings, Corporations, Boards, Statutory and Local Bodies, Educational Institutions, etc. situated within the districts excepting those within the municipalities shall remain closed on the respective dates so that every employee is able to exercise his/her right of franchise in the election.
2. The Labour Department will issue suitable instructions to Shops, Commercial and Industrial Establishments including Tea Gardens to declare the said dates for the concerned districts as paid holiday for the workers to exercise their franchise in the election.
3. In case the date of poll is a working day in any Central Government or any other establishments within the concerned districts, the employees who are voters to the election shall be permitted to cast their votes by way of special leave.
4. In case of an employee working outside the concerned districts and when the date of poll has not been declared as holiday there as in Para 1 above, he/she shall be allowed special leave for the day.
5. In case of re-poll, the employees/workers shall be allowed to cast their votes on the date of re- ¬poll in the manner as in Para 3 and 4 above.
6. The days before the date of polls being the date of dispatch are hereby declared as local holidays for the Educational Institutions situated within the respective districts excepting those within the municipalities.
In case any educational institution or any other establishment within any municipality has been selected as dispatch centre, local holiday may be declared for the said institution by the Competent Authority on the day of dispatch.
7. The poll process may continue up to late hours in the nights of 11th July, 2013, 15th July, 2013,19th July, 2013, 22nd July, 2013 and 25th July, 2013, as the case may be, and the polling parties may obtain their release from their reception centres in the small hours of the morning (or even afterwards) of 12th July, 2013, 16th July, 2013, 20th July, 2013, 23rd July, 2013 and 26th July, 2013 rendering it difficult for them to attend office in time. In consideration of this situation, special leave may be allowed for the 12th July, 2013, 16th July, 2013, 20th July, 2013, 23rd July, 2013 and 26th July, 2013 as the case may be to the officers and employees who were deployed for poling duties.
Sd/- (A.K. Das)
OSD & ex-officio Joint Secretary
Finance Department
Government of West Bengal
R.K Nanda 
(Expert) 13 July 2013
consult local lawyer.
DKTAZILANOM9909
(Querist) 13 July 2013
Sir,few months back one of my relative consulted a local lawyer for a case of reusal of his appointment in a PSU. As per advice of the local lawyer my relative filed a writ petition in the High Court. But High Court gave judgment against my relative. Later local lawyer adviced my relative to approach the Division Bench. But I posted my relative's case in this forum few days back. Five experts of this forum gave the same opinion which was given by the High Court in my relative's case earlier and my relative didn't approach the division bench. So before I approach to another local lawyer further I need valuable opinion of the experts of this forum.
Raj Kumar Makkad
(Expert) 17 July 2013
It shall be better to consult with the same lawyer who had filed the writ petition before the high court because he is well aware about the facts of the case. You can seek second opinion also from any other lawyer of high court by showing him the record of your case.
