Break in service & benefits

you can afford a lawyer. Bulky papers may be needed t be seen.

Surprisingly none of your juniors objected to your re-joining and restoration of seniority.

Dear Mr.Sudir

a very good morning!

i was out stn for a few days hence delay in reply THANKS for your response

1. the papers available are 1. initial 1976 appointment order. 2. re-appointment order 3. promotion orders 4. VRS order  - i do hope these papers are sufficient

if i go in  for a Lawyer, - how much will be the fees

also i want to add another 12 lakhs for he mental agony of these years making a total of Rs.25 lakhs

expecting a response 

if you have only two papers that means that all through the years you never represented.  Am I correct?

Dear Mr.Sudhir,

thanks for the response

The following I hope clarifies

when  I re-joined in 1983 , at that time, “ the VRS scenario was not there”,  since it was future.

As I decided to opt for VRS and applied for it in 1998 ( nov ), my attached finance & admin advised me not to raise the issue of service of 1976 -1982 since my case was unique and they opined  that ONGC will not be able to sort this easily and the VRS acceptance itself would be delayed.  They advised me to start representing once VRS itself is accepted.

As a matter of fact after my re-joining in 1983 , my batch mates were promoted in 1984, and  I was not considered. But I represented and my representation was considered and I was promoted. And for subsequent promotions I was called and considered along with my batch mates ( on par in time ).

After VRS exit from ONGC in  nov 1998,  I have been representing for this claim till about 2008 after which I stopped. I have the copies of all these correspondence   

your case is barred by limitation.

thanks for the fast response

i would like to know more and legality of ," barred by Limitation" 

you represented from 1998 to 2008 and did not go to court WITHIN THREE YEARS

thereaftr for the lat 8 years you made no corespondence.

Your are late in approaching court and time barred.

I wish to clarify further

There was one communication from ONGC in 2006 informing me that my claim for VRS ex-gratia  amount for the period 1976 – 1982 can not be agreed to,  since VRS ex-gratia compensation is not applicable to , “resigned employees”.

Now my ,” argument “,  is that , by having restored my seniority and by having promoted along with my original batch mates , I cannot be treated as a  resigned employee .

Now coming to , “limitation of time “,  we are witnessing so many civil / criminal cases being re-opened even after 20 / 30 years and fresh judgments given.

And since I have been continuously representing does this , “time barred “ applicable in my case. ONGC never replied me back saying that the case is time barred. I am not a legally qualified and hence not aware of this provision . But then, can a  mere passage of time deny what is legally right?

In my opinion , time barred should apply to only to disputes. In my case it is a denial of right. In spite of my repeated telling ONGC, that I cannot be treated like a resigned  employee, nobody bothered – may be due to simple bureaucracy and nobody bothers once you are out of the system

I would be happy for a response

you can try.

repeated reminders do not revive limitation

you have not acted beyond 2006.  It is 8 years by now.

Further every litigation is filed when some right is denied and is entertained by court if within limitation.

Dear Mr. Sudhir

thanks for the response. your response is encouraging. 

to add strength to my case , are there any court judgments available in similar cases which will make my case very easy

I do not know how my response appears encouraging to you.  I am just explaining hollowness of your case.

Dear Sir

life is always built on hopes.

you have said, " you can try ".  actually i am looking for a small window, irrespective of issues like,' time barred etc', since the case is otherwise morally correct and just a passage of time shouldn't be an obstacle 

I only said you can try. I never said you have a good case to succeed.

I reiterate

Dear Mr.Sudhir

a very good morning!.  irrespective of my case details and intricacy, ,  i really  thank yourself for sharing your points and for the contributions.

best regards