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Thread: gratuity in case of premature retirement

  1. #21
    Member rakeshmehra30 is on a distinguished road
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    good to hear from you after a long time now their is some progress in my case as i am continous writing applications and complaints my second appeal is reached to cic and i have also filled complaint to the ministry and today i received letter from the under secretary mentioning recipt of my petition and the matter would be resolved in two months time lets wait and hope for the best. mean while i ahve also filled rti against pao who has replied but i am not satisfied so i am again filling the first appeal.

    so my advice to you is to file a complaint directly to your secretary of the ministry giving all details along with thez reply received of rti it would help.

    thanks

  2. #22
    Junior Member vishi is on a distinguished road
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    Default Reg. Counting of past service from GOI to PDU

    Dear Mehra Ji

    My case is also quite similar to you. I'd served in GOI setup for 8 years. Later selected for PSU, where no such benefits extended. Finally self had to move to the CAT. We can share more information. Kindly call me @ 09426607007 or mail to - vdubey.bsnl@gmail.com Or send me y'r contact no.

    Best Regards

    V. Dubey

  3. #23
    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by vishi View Post
    Dear Mehra Ji

    My case is also quite similar to you. I'd served in GOI setup for 8 years. Later selected for PSU, where no such benefits extended. Finally self had to move to the CAT. We can share more information. Kindly call me @ 09426607007 or mail to - vdubey.bsnl@gmail.com Or send me y'r contact no.

    Best Regards

    V. Dubey
    Permanent absorption cases are covered under Rule 37 of CCS(Pension) Rules, 1972. Govt. servants covered under this rule are "deemed retired" from service and entitled to all pensionary benefits like Pension/Service Gratuity, Retirement Gratuity, Leave Encashment. Relevant extracts from Rule 37 are reproduced below:

    37. Pension on absorption in or under a corporation, company or body

    (1) A Government servant who has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a Body controlled or financed by the Central Government or a State Government, shall be deemed to have retired from service from the date of such absorption and subject to sub-rule (3) he shall be eligible to receive retirement benefits if any, from such date as may be determined, in accordance with the orders of the Central Government applicable to him.


    Victor

  4. #24
    Member rakeshmehra30 is on a distinguished road
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    Quote Originally Posted by vishi View Post
    Dear Mehra Ji

    My case is also quite similar to you. I'd served in GOI setup for 8 years. Later selected for PSU, where no such benefits extended. Finally self had to move to the CAT. We can share more information. Kindly call me @ 09426607007 or mail to - vdubey.bsnl@gmail.com Or send me y'r contact no.

    Best Regards

    V. Dubey
    good to hear from you, u can mail me at rakeshmehra30@gmail.com, meanwhile what abt the outcome of your case in CAT? as far as my case is considered it is now being referred to DARPG for their advice .

    Rakesh

  5. #25
    Member rakeshmehra30 is on a distinguished road
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    Quote Originally Posted by Victor View Post
    Permanent absorption cases are covered under Rule 37 of CCS(Pension) Rules, 1972. Govt. servants covered under this rule are "deemed retired" from service and entitled to all pensionary benefits like Pension/Service Gratuity, Retirement Gratuity, Leave Encashment. Relevant extracts from Rule 37 are reproduced below:

    37. Pension on absorption in or under a corporation, company or body

    (1) A Government servant who has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a Body controlled or financed by the Central Government or a State Government, shall be deemed to have retired from service from the date of such absorption and subject to sub-rule (3) he shall be eligible to receive retirement benefits if any, from such date as may be determined, in accordance with the orders of the Central Government applicable to him.


    Victor
    thanks Mr victor

    but the problem in my case is that my dept is not considring my case as deemed to be retired despite of giving evidence and circulars. then what to do, i have given my representation many times even to the ministry but every time the ministry forward my representation to the department for necessary actions.

    rakesh

  6. #26
    Junior Member aparanjpe is on a distinguished road
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    Quote Originally Posted by rakeshmehra30 View Post
    but the problem in my case is that my dept is not considring my case as deemed to be retired despite of giving evidence and circulars. then what to do, i have given my representation many times even to the ministry but every time the ministry forward my representation to the department for necessary actions.

    rakesh
    Dear All

    Update of my case
    All you are aware that i have tendered tech. resignation from a Govt. body governed by CCS(Pension) rules after putting 6 years service to join CPSU. In my last 6 years i failed to convince the high level of officers of this body that i should be paid retirement/service gratuity. I have explained everything from CCS(Pension) rule to DOPT instructions to them. But it could not light up their intelligent minds. During this never ending search of truth, I have found something(new weapon i.e.explained below) to awake them from their wilful sleep. Please note that i can not afford to file a case against them in a HC/CAT to get justice as this also requires a lot of time and money and sometime become a painful process. I also think that our respectable judges must have got tired by now delivering judgements on small administrative matters which reach the court due to inefficient people sitting in these offices and eating pay cheques of public money. Wherever you make a complaint, they forward it to your employer and they send you the same reply. I tried complaining everywhere from PM to President and RTI. All my effort gone waste except some interesting inputs received through RTI.

    Let me come to the point: The payment of gratuity act 1972 has overriding effect over all the acts/rules/enactments regulating gratuity(section 14). All govt. bodies are defined as establishment under the definition of this act and has to receive an exemption under this act on the ground that gratuity benefits receivable by the employees of establishment are not less favourable than the said act. So i am now making a complaint under this act against my employer and requesting the labour ministry to cancel such exemptions/take penal action again defaulting govt. officials who are violating this act wilfully/instruct them to pay gratuity under the gratuity act 1972.
    I have a karnataka highcourt judgement in support of my claim. Will upload it here soon.

    Will let you all know about the outcomes.

  7. #27
    Member rakeshmehra30 is on a distinguished road
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    sad to hear the pain same as of mine from you, i can/t understand what/s the problem with this accounts people to understand the dopt circular. any way my case is still under consideration with under secretary MOIAB he might refer it to DOPT but when i can/t say, i will update, i also request you to update the karnataka highcourt verdict as mentioned and also any outcome of your case.

    thanks

    rakesh

  8. #28
    Member rakeshmehra30 is on a distinguished road
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    dear mr aparanje
    wht iabt ur case , mine after clarification to traet as per dopt im likely to receive in near future. lets hope the best.
    u could also mail me at rakeshmehra30@gmail.com

  9. #29
    Junior Member aparanjpe is on a distinguished road
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    Congratulation Mr. Mehra that finally you are getting gratuity benefit. Sorry for replying so late.

    All my efforts to get gratuity under CCS rules gone in vain. I am not interested to go to CAT/Highcourt for the same. Now i have applied for gratuity under The Payment of Gratuity Act 1972 in light of Karnataka HighCourt Judgement in similar case, my application is pending before Regional Labour Commissioner.

    Here you can see the judgement:http://indiankanoon.org/doc/530482/

  10. #30
    Member rakeshmehra30 is on a distinguished road
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    good news friends
    now the directorate had given clarification after consultation with ministry that as per my claim my case is of resignation to join cpsu and now i am hoping to get the benefits but still the ball is with the my concerned office and they have asked for some more documents such as my joint photographs with my wife, attested copies of my signatures, my height and verification details etc. i would like to thanks all of the members whose valuable suggestions certainly helped me to go through this case without consulting any lawyer and after abt 5 years i am about to get the benefits.

    thanks once again friends.

    rakesh

  11. #31
    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by rakeshmehra30 View Post
    good news friends
    now the directorate had given clarification after consultation with ministry that as per my claim my case is of resignation to join cpsu and now i am hoping to get the benefits but still the ball is with the my concerned office and they have asked for some more documents such as my joint photographs with my wife, attested copies of my signatures, my height and verification details etc. i would like to thanks all of the members whose valuable suggestions certainly helped me to go through this case without consulting any lawyer and after abt 5 years i am about to get the benefits.

    thanks once again friends.

    rakesh
    Congrats

    Victor

  12. #32
    Member rakeshmehra30 is on a distinguished road
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    after getting clearance from directorate my office had sent my service book to PAO( Pay And accounts office) for verification and says after verification from PAO they will prepare final bill for gratuity, but the PAO has returned the service book with some queries regarding why the case was earlier denied and later approved for absorbtion in public sector enterprise, also the santion letter of balance of leave encashment was returned with comments that first gratuity to be settled later it will be settled. my question is what's the role of PAO in this if the directorate who is above my controlling authority and also the recruirting authority has decided the case to be of absorbtion in PSU the queries from PAO is justified and what are the powers of PAO, as this is again delaying the long pending payment .

    thanks in advance

    Rakesh

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