• Allowances not paid on restoration of POST

I, Sanjeev Kumar Jha, was demoted to a lower post of MANAGER from DEPUTY GENERAL MANGER vide order dated 17/03/2016. This order was challenged by me and from the same date i.e.17/03/2016 I was reverted back to the post of DEPUTY GENERAL MANAGER vide order dated 02/11/2017. In the period between 17/03/2016 and 02/11/2017, I used to claim perks / facilities / allowances as per the post of MANAGER. Later on, after 02/11/2017, I claimed the perks / facilities / allowances for the period 17/03/2016 to 02/11/2017 according to the post of DEPUTY GENERAL MANAGER, which was declined on the ground that change in earlier claim once made can not be done. Please suggest the legal ground and sample cases in my favour.
Asked 5 years ago in Labour

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10 Answers

1. The said claim is not towards salary or any allowance you deserved to be p[aid.

2. The said claim is for the facilities you have enjoyed and paid for which are included in to your allowable parks.

3. The facilities you have already enjoyed and paid for shall be paid as payment towards your parks and not for what you have not enjoyed and paid for.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Sir,

It is not true that old perks allowances cannot be regained ,but it how you proceed your case.Please approach a lawyer through kanoon.com for the same.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Hello

You were demoted and were subsequently reverted to the same post after you challenged it. Generally the employee does get the perks and privileges which he should have been getting if the impugned order was set aside.Kindly show me the order in order to better appreciate the controversy.

Regards

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. The fact that parks allowed are paid or reimbursed after incurring the same is a well settled proposition of law and adopted procedure.

2. There is no provision of law which allows the assumed expenditure on permitted facilities which have not been incurred.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Hi,

You are right in claiming for your perks and you may have to move to court again for this.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Are you reverted back by the order of the court or it was a departmental order ? If so that will be followed.Apparently it amounts to illegal deductions from your perks etc which can be challenged.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You cannot be denied the emoluments on the Higher Post of DRM since it has been deemed that you discharged your duties as DGM w.e.f. 17.03.2016 to 02/11/2017.

It has been held by the Hon'ble Apex Court in the case of UOI vs. KV Jankiraman (AIR 1991 SC 2010), that when an employee is completely exonerated, meaning thereby that he is not found blameworthy in the least and is not visited with penalty even of censure, he has to be given benefit of salary of higher post alongwith other benefits from the date on which he would have been normally promoted but for disciplinary/criminal proceeding

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

UOI vs. KV Jankiraman (AIR 1991 SC 2010)

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

The post was reverted to the original date however since you had been drawing the perks on the basis of the post holding then, the organisation may hold that the perks were duly paid on the basis of the post held then.

If you can locate any loophole to claim the difference in the payment of perks and allowances for that period, you may make a representation in writing citing the said rule and await for the decision of the top management in this regard.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Please provide a sample judgement (case) relevant to my case.

You can look for CAT judgments in this regard through indiankanoon.org or livelaw.in for relevant and suitable citations.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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