Legal Question in Administrative Law in India
Sir\n was promoted as Dy.Manager on 25-06-2006 in BHEL a public sector undertaking and accordingly pay has been fixed. Pyment of increment for the year 25-06-2008 to 24-06-2009,will be incuded in 25th of june pay every year.I retaired from service on 24-06-2009 at 16.30hrs.Generally increment will be awarded to any employee,after completing a year without any adverse / vigilance cases.My contenction, as I sucessfully completed my service without any remarks, and retaired on 25th of june evening at 16.31hrs, I am eligible for increment and entaitled for payment in arears , to be paid to me as per the \\\" law of the land\\\" and \\\" PRINCIPLES OF NATURAL JUSTICE\\\" .But my organisation has not given me increment for which i am legitmately entitled,and said you will not be given increment as you are not on rolls by 25th of june 2009. I request you to offer your comments on the subject ,citing the provosions of Fundamentle Rules & Service Rules.Can I appeal the in the court of Law in Tribunal and if so kindly cite the referances under which I can prefer claim.\nOur wage period : 25 th TO 24 th of every month.\nPromotions effect from : 25th of June of every year\nIncrement will be awarded only after success completion of the year and will be added in the following month.\nWorking hours : 08.00am to 16.30hrs.\nIn BHEL the increment is not being given to every employee,who retairs on 24th june of every year.\nThe increment is being given ,who so retairs subsequent to JUne.\n\n I request you to kindly examine the issue indepth and advise accordingly.\n\nRegards,\nSudhakar.RVS\n
3 Answers from Attorneys
Your claim appears to be genuine. However, the amount may be very small as compared to the litigation cost. You may first try to sort out the matter by submitting representation to the higher authorities. If you do not succeed, you may examine the possibility of filing a petition before CENTRAL ADMINISTRATIVE TRIBUNAL if BHEL is a notified employer covered under the Act. Otherwise, you may consider filing a civil suit for recovery of your dues.
Your claim appears to be genuine. However, the amount may be very small as compared to the litigation cost. You may first try to sort out the matter by submitting representation to the higher authorities. If you do not succeed, you may examine the possibility of filing a petition before CENTRAL ADMINISTRATIVE TRIBUNAL if BHEL is a notified employer covered under the Act. Otherwise, you may consider filing a civil suit for recovery of your dues.
Usually a cut off date is fixed. Unfortunately, as you have retired the day before the vesting date, you are not eligible.
Related Questions & Answers
-
I am ur attorney friend here to help the people. but from the last two three days i... Asked 7/30/09, 2:24 pm in India Administrative Law
-
Not getting deputation posting as told its not a right\n Asked 7/30/09, 1:35 pm in India Administrative Law
-
Sir,\n\nI was promoted as Dy.Manager on 25-06-2006and accordingly pay has been... Asked 7/29/09, 11:17 pm in India Administrative Law
-
I want 2 start a mlm co,what legalities i have 2 complete so that i will not face... Asked 7/29/09, 3:00 pm in India Administrative Law
-
How and where i got from gov. atth. domicile certificat? Asked 7/29/09, 3:12 am in India Administrative Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
