Sub: gratuity - claim - clarification - reque
Sita Mahalakshmi, T
(Querist) 03 August 2018
This query is : Open
Dear Sirs,
Your kind attention is invited to the above-cited subject.
I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date.
As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. It may kindly be noted that there is no practice of mentioning Retirement age in the Appointment Order even for freshers. All staff, irrespective of the cadre are entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed at the end of the year.Working hours will be 9:00 am – 5:30 pm, 6 days a week.
On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 30/09/2018 and accordingly, the HR Dept has served a letter mentioning my last working day as 30/09/2018 and has taken my acceptance. Kindly note, till date, I was not insisted submission of Resignation for my position.
The total uninterrupted working period since my joining in the hospital is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-
17/02/2014 - 31/12/2014 . more than 240 days worked 1st Year
01/01/2015 - 31/12/2015 more than 240 days worked 2nd year
01/01/2016 - 31/12/2016 more than 240 days worked 3rd year
01/01/2017 - 31/12/2017 more than 240 days worked 4th year
Details of total working days in 2018 5th year
01/01/2018 - 30/09/2018 Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days
Notice Period: 2 months.
01/08/2018 to 31/08/2018 31 days
01/09/2018 to 30/09/2018 30 days
Total no of days worked in 2018 = 266 days
Leave break up for 2018:
Casual Leave availed from 01/01/ to 01/08/2018) 06 days
Earned Leave 09 days (entitled)
Un-availed Casual leave at credit 15 days
Note: As per appointment order, no employee is eligible to avail Leave during Notice Period,if so, same will be treated as Loss of Pay.
On going through the whole of the exercise seems to be an effort to avoid Payment of Gratuity which I am eligible for.
In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and look forward your invaluable advice for which act of kindness I shall ever grateful and thankful to you,
Best regards,
Very truly yours,
Sita.T
