• Releasing of DCRG is delayed

I have retired from service on 31/ 05/2017.Ag has sanctioned my DCRG but it is with held for want of NLC from deputy director of education malappuram.what can I do to get my DCRG
Asked 4 years ago in Civil Law

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9 Answers

Payment of gratuity cannot be withheld by the authorities, the payment should be made within 30 days from date of retirement on any delay your are entitled to the interest.

First pending NLC (non - liability Certificate) it is unnecessary delay right an application/ letter to authorities demanding same if they fails file a writ petition in hc for direction to department to release gratuity and also provide interest for the delay.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File application before CAT to direct authorities to release payment of DCRG

2) seek interest at 10 per cent for delay in making payment

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. If a person is eligible for DCRG on superannuation then it is to be disbursed as soon as ppossibe though there is time limit prescribed.

2. however in some cases mostly where DP or CBI case was pending then Vigilance clearance or other kind of departmental green signal is necessary.

3. it is not clear why is the cause of non issuance of permission from your higher authority.

4. To know the reason you can send the RTI application and if the reason is unfounded then filing of writ petition in high court is an option.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Move a representation with the the Dep. Dir. for doing the needful in the matter so that your DCRG is released without any further delay.

If the DCRG is not released despite your representation for want of NLC from the Dep. Dir., file a writ of mandamus in the High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

NLC ?

Well, u can approach administrative Tribunal for recovery of the same.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You ascertain the reason for not getting the NLC.

If there is an inordinate delay and you are no where responsible for this delay, then you may issue a legal notice demanding the release of DCRG immediately.

Failing to invoke any positive response from the authorities, you may drag the authorities to the court of law by filing a recovery suit with interest

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Make anappication for the same to be approved by him.

If no then send a representation with regard to the to the higher authority of the state in respect of Educational sector.

If they also don’t entertain it then please file a Writ of Mandamus in the High Court for getting the appropriate relief.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can seek the status for the same through RTI. If the same is not provided then file writ petition in HC.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Send a representation to them for releasing your DCRG and if they do not respond then file a writ before the HC under article 226 of the constitution of India.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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