I am a permanent teacher of a Govt sponsered school in west bengal. Due to excess of leaves, I have some amount of overdrawn (Rs 22000) from 2013. In 2013, I asked my authority in written about the amount so that I may return it in treasury. No response received. On 30/04/2019, I was instructed to return the amount in 7 days. I replyed on 6/05/19 that I would like to refund the amount and requested the authority to do necessary official works for it. In the mean time, Summer Vacation in school started. The process is pending from school end. Now salary of the month May which is much larger from the overdrawn (Rs 54000) is not credited in my account. Then, I asked my school Administrator by telephone and came to know my salary is stopped from the office of the District Inspector for not paying overdrawn. But I declared that I like to pay it soon. Only official works of school is due. Even I didn't get any official intimation. Still I didn't have any written notice clarifying the reason. I like to know, 1) Is this leagal to stop salary without any intimation? 2) what leagal steps may I take?
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1. you can deposit the outstanding amount, under protest, and claim your salary, and if want can initiate legal action against them, at a later stage, for halt your salary
2. the matter pertains to 2013 and may be time bar,
contact one prominent lawyer along with relevant documents to get a prompt revert.
You must return amount over drawn by you
2) your salary would be released on payment of over drawn amount
3) don’t take any legal proceedings against the government
Dear Sir,
Without intimation they cannot stop salary. Get issue a legal notice to them.
Where an employee is absent from duty except on approved leave, the employee is not entitled to salary for that period as the absence from duty was not authorised. Provided that an employee prevented by sudden illness, injury or other emergency from attending their place of employment is not regarded as absent without authorization if the employee reports the absence as soon as practicable and provides satisfactory evidence that the absence was unavoidable.
1. Yes this is legal that to deduct any amount which is due to employee what ever the reason is.
2. No legal steps required simply write down an application in the name of the DIOS giving full details and then one step will cut short that he himself has to deposit the amount in treasury instead you deposit the same, if he does not then you may file a illegal deduction case before the competent authority for stopping the salary.
Dear Client,
Even after lapse of 5 years, recovery barred under law. So, legally also they cannot make any recovery. And stoppage of salary is gross misconduct. Approach to educational institution for release of salary and compensation. Further, no demand made by school in written hence, demand cannot be fulfilled.
You can send them a legal notice and then file a complaint before office of about commissioner. You will get your dues as per their direction.
1. Is it legal means, it is legal of course they cannot recover the entire amount from your salary without giving any amount towards salary for the month, you can make a representation or even file a writ petition before high court on this.
2.You can approach high court with a writ petition if the authorities concerned are not taking any steps for your representation on this.
No DDO can stop the salary without orders from higher authority for that action. May approach higher authority that can result immediate action on normal basis if everything is right on the part of employee.
May I file defamation and harassment in workplace case regarding this matter?
Criminal defamation cases take 10 years to be disposed of
2) no case of defamation is made out
you are female?
you can file the harassment case
You can file defamation and harassment too if their conduct is deliberate to do the same
No, no profit at all, as you are in educational field so please be cool and don't feel harassed or defamed, this is part of life.
No case of defamation.
You can file suit for damages.
Defamation case may not be maintainable, the solution for this is different and not through the ones suggested by you.