• Salary arrears not paid

I am from Gujarat (anand).My wife is semi government teacher. Her salary is paid fully by government through district trasory office. But DO office is full of currupted people even DO.. By benefit of 7th pay my wife eligible for 68 thousand arriers in ine payment. The clerk is asking for a bribe for that. this is not first time but it happned many times befor. They excuse for not paid that they dont get enough grant so they cannot pay salary and arriers on reguler base. If i bribe them then they imidiatley clear te salary and arriers. Many time she get salary after 3 or four months . That time amount is bigger and so they again ask for bribe to clear salary by giving excuse of not enough got grant from government. I will choose to complain to polish and bribe department as last option. Is there any law that says employee shud get paid regulerly other wise treasory office or government will be responsible?? What shud i do for solve this problem for all time.give me options as many as possible. So the OFFICE force fully need to pay arriers on reguler basis.
Asked 4 years ago in Labour

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12 Answers

Complain to ACB and prepare the trap, it will solve once for all.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes sir the salary to employees should be regularly paid to him First option can be file a writ petition in high court for direction for department on regular release of the salary.

Second for bribe the option is contact CBI or Anti corruption beurea and get this people caught department will start functioning without bribe.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File RTI application as to why salary arrears not paid till date

2) file complaint with deputy director education about non receipt of salary arrears

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Hello,

You may file a writ of mandamus in the HC under article 226 of the Constitution and seek a direction for department to pay the arrears and further direction that salary be released on time.

Get in touch with some local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Serve a legal notice to your employer for release of your salary and all the arrears. It is advisable to consult a well experienced lawyer for the same.

If even after the receiving the legal notice, your employer does not release the salary and arrears, then you can file a petition for recovery before the labour court (if your post is below the level of supervisory or managerial) but if your post is supervisory or managerial or upwards, then you should file the petition before the competent civil court.

In most cases after issuance of a legal notice, the company comes down to a mutual settlement outside the court itself. If not, you can always proceed further with the legal procedures, with the advice of your lawyer, in order to claim your rightful salary.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Your wife has a right to get her salary on time. I have observed that is quite common in India for employers to deny salary to employees. They think that employee’s have no options or the resources to pursue a case against an employer. In reality, there are several things an employee can do that can land an employer in real trouble.

You can complaint to the higher authorities. If you are not satisfied with the response of the higher authorities you can file complaint to Anti Corruption Bureau Gujarat.

The Vigilance Bureau has been empowered to inquire into allegations against all public servants, as defined under the Prevention of Corruption Act, 1988.

Many other options are available for your wife so it is better to have a detailed discussion in this regard.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

She may lodge a complaint in the department itself for non payment of area after due date.

After the reply she can move to the Tribunal and complaint regarding non payment

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi

File a RTI asking the receiving of budget in the department , for papers showing payments made as AREARS and to whom , they will be paying regularly after this rti.

Also you can file complaint with Anti Corruption Bureau.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. The employee has the right of timely payment of his salary.

2. Your wife should firstly send a representation to the Education Department and Chief Minister of the state. If despite the representation the arrears of salary are not released then she may file a writ petition in the High Court to seek the release of her salary with costs.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hello,

File a writ in the HC if they further delay payments.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

You can trap the clerk by informing the DVAC department cops in advance and executing their plan to trap the corrupted clerk.

The government rule to pay salary promptly to the employees are often flouted by such unscrupulous people for their wrongful gains.

You can adopt the suggested measure in order to get the benefits from the government without paying any such brokerage.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Hello

Give a representation to the DO and the higher authorities and if they do not respond then file a writ petition in the hc for arrears of salary.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

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