Dear members and respected seniors,
My father worked at a PSU in India in 1996 when he was wrongfully suspended and then discharged from service two years later with his gratuity witheld. He filed a writ petetion against the injustice but died pending the case in 2003. The high court in 2012 quashed the decision of the PSU along with the forfieture of gratuity and asked the PSU to extend the consequential benefits to my mother as the widow of deceased officer wthin three months against which the PSU moved to the double bench of the high court where it lost again and subsequently to the Supreme court of India where its case was not admitted. The PSU then paid the gratuity,epf,salary revisional arrears and leave encashment after repeated requests. Then we asked for a list of benefits we were entitled to along with interest on delayed payments which they ignored and never responded after which we tried getting answers through RTI but were denied citing one reason or the other after that I wrote to the PMO of India about it in 2015 and they asked about the matter from the PSU and suddenly it came to action and set up a meeting with us for the first time and we submitted our written grievance list to their officers. The PSU has since paid us the interest on delayed gratuity and employee deposit linked insurance (EDLI). At present they are calculating the interest on other benefits like epf and are also processing the arrears in pension to my mother and the continuation of the same for which they say we have to contribute some amount to the PSU. When we asked whether interest was to be paid on EDLI for the delay of 12 years they said no. I wanted to ask whether they should pay interest on EDLI, employee pension scheme (EPS), salary revisional arrears or we will have to go to court again as in the previous judgment of high court no interest rate is mentioned.
We have also asked for the benefits of medical, hra , lta/ltc, etc. and a proper financial compensation for the injustice the PSU did to our family and also to give me a compassionate appointment in the same. Do you think the PSU will regard our genuine requests or we have a good case to move to court if they do not agree?
Thank you all and I apologise for the lengthy detailing.
Jaideep Paul
9576679099
From India,
My father worked at a PSU in India in 1996 when he was wrongfully suspended and then discharged from service two years later with his gratuity witheld. He filed a writ petetion against the injustice but died pending the case in 2003. The high court in 2012 quashed the decision of the PSU along with the forfieture of gratuity and asked the PSU to extend the consequential benefits to my mother as the widow of deceased officer wthin three months against which the PSU moved to the double bench of the high court where it lost again and subsequently to the Supreme court of India where its case was not admitted. The PSU then paid the gratuity,epf,salary revisional arrears and leave encashment after repeated requests. Then we asked for a list of benefits we were entitled to along with interest on delayed payments which they ignored and never responded after which we tried getting answers through RTI but were denied citing one reason or the other after that I wrote to the PMO of India about it in 2015 and they asked about the matter from the PSU and suddenly it came to action and set up a meeting with us for the first time and we submitted our written grievance list to their officers. The PSU has since paid us the interest on delayed gratuity and employee deposit linked insurance (EDLI). At present they are calculating the interest on other benefits like epf and are also processing the arrears in pension to my mother and the continuation of the same for which they say we have to contribute some amount to the PSU. When we asked whether interest was to be paid on EDLI for the delay of 12 years they said no. I wanted to ask whether they should pay interest on EDLI, employee pension scheme (EPS), salary revisional arrears or we will have to go to court again as in the previous judgment of high court no interest rate is mentioned.
We have also asked for the benefits of medical, hra , lta/ltc, etc. and a proper financial compensation for the injustice the PSU did to our family and also to give me a compassionate appointment in the same. Do you think the PSU will regard our genuine requests or we have a good case to move to court if they do not agree?
Thank you all and I apologise for the lengthy detailing.
Jaideep Paul
9576679099
From India,
Dear Jaideep,
The wrongful denial of any terminal benefit if declared so by a competent Authority or a Court in a subsequent appeal, mandatorily attracts payment of interest as fixed in the concerned Act or Rules or Service Regulations. In the case of other benefits cumulative over the period of litigation, a specific prayer by the plaintif and a specific and positive order by the Authority or the Court in the orders or judgment should be present. If no specific order is passed by the Court in spite of a specific plea, my view is that it is to be impliedly understood that the Court considered the plea but not allowed it.
From India, Salem
6018The wrongful denial of any terminal benefit if declared so by a competent Authority or a Court in a subsequent appeal, mandatorily attracts payment of interest as fixed in the concerned Act or Rules or Service Regulations. In the case of other benefits cumulative over the period of litigation, a specific prayer by the plaintif and a specific and positive order by the Authority or the Court in the orders or judgment should be present. If no specific order is passed by the Court in spite of a specific plea, my view is that it is to be impliedly understood that the Court considered the plea but not allowed it.
From India, Salem
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