RAJESH KUMATR TRIPATHI (PGT) 15 April 2011

REGARDING AREAR OF SIXTH PAY

Sir

I was working in DAV Public school BSEB COLONY PATNA from 2006 to July 2009 and resigned to join KVS.

Although I wa not given the confirmation letter after two years of regular sevice,as mentioned in the appointment letter,for confirmation,Principal of the school said that my service has been confirmed automatically,and charged three months salary in liu of notice period.I depposited three months salary and was relieved.Now the School has paid arear of sixth pay commission to his employees from 2006 till the dateand refused to pay my arear and said that i have resigned therefore I would not get the arear.

So I want to know that-

(i) It is wright to take three months salary without issuing confirmation letter.

(ii) I am elligible for the sixth pay arears or not.

thanking you

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3 Replies

Om Prakash Dhusia (HR assistant) 28 April 2011

Dear Rajesh Kumar, It is not necessary to issue confirmation letter from the employer.If your probation of whatever duration was not extended it is deemed as 'Confirmed' and as per your terms and conditions if it has deducted three month's salary in lieu of notice period then it was within law from the school management but refusing your arrears for the sixth pay commission is infringement on your rights.

You can claim your arrears legally and rightfully from the school management.

Regards.

Kirti Kar Tripathi (lawyer) 28 April 2011

In the present case, you can not be denied arrears on the ground that you have resigned. You are entitled for the same. But real problem is that from which forum you can claim your arrears. As DAV Public School is private body and you being teacher does not have remady of writ or labour court. Only remedy left to you to file Civil Suit of recovery of amount in Civil Court for which you have to pay Court Fee and this process is time taking too.

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Om Prakash Dhusia (HR assistant) 28 April 2011

Dear Rajesh Kumar as Mr.Kirti Kar Tripathi has rightly suggested that if the DAV school comes under private owned institution then how can the Sixth pay commission's recommendations apply to you?

Regards.