• Service matter

With reference to case history as mentioned below, please provide following clarifications: 
1.)	Can I be suddenly transferred to another state under “redeployment” without declaring me a surplus employee? I never joined redeployment arranged for me and instead applied leave. 
2.)	What are the options available to me? Am I eligible for special VRS? Can I apply for readjustment to a preferred location(Haryana) and remain in roll of surplus employees?
3.)	I joined after 01.01.2004 and comes under NPS. How much pension I’ll receive?
4.)	Please advice suitable legal actions.

************************************************CASE HISTORY******************************************************** 
I joined DAE (Department of Atomic Energy) through DAE Graduate Fellowship Scheme (DGFS) in 2003 as sponsored fellow at Indian Institute of Technology Kanpur (IITK). My academic career is marked with scholarships, merit certificates and medals. I finished two years of M.Tech. program in Electrical Engineering with specialization in Microelectronics, *VLSI & Display Technology. I joined directly as Scientific Officer-C with five additional increments at Electronics & Instrumentation Division (EID), *IGCAR on 01-09-2005. I underwent four months induction training at BARC Training School and awarded “Homi Bhabha Award” for being the topper of my batch. I worked at IGCAR till September, 2006 and subsequently transferred to Electronics Division (ED), *BARC through “mutual” transfer. I have been working at ED since then. 
	I worked on various technical assignments requiring multi-domain knowledge. I developed various skills through self-learning and initiatives. I successfully completed important work and demonstrated it to various competent authorities. I published a few technical papers in departmental symposiums, which resulted in initiation of important assignments in the division/organization. Slowly, work environment turned hostile. My projects were stopped and Section head refused to give me any work from mainstream sectional activities.I was accused for those official acts which either required shared responsibility or were beyond my responsibilities. I continued working on my assignments in R&D manner with limited resources without any support. My requests for funds were turned down. Initially I tried to get associated with senior members of the division but it increased my difficulties due to location of my sitting place. My annual reports reflected biased and prejudiced treatment of my superiors. 
	Section head took over additional charge of Head, ED on 01-01-2015 subsequent to retirement of ex-head, ED.  Though, work environment was still hostile, I continued with my efforts to get an important work published in a departmental symposium. In the absence of required clarifications about rules/procedures, I approached Head, ED for guidance on 05-01-2015. I requested him to attest my date of birth as part of formality for consideration of my name for best paper award. He refused to attest it and called security team for handling this routine official work. I was shocked to receive a memorandum on 19-01-2015 sent by Controller, BARC through Head, ED. Here I was alleged for violating conduct rules and warned against repetition of such acts in future. This memorandum was issued with reference to incidence as mentioned above. I didn't receive any reply till date in response to my written request to nullify charges against me. 
	Since last two years, I was trying to get a transfer to another organization of DAE within Mumbai and one of such applications were even signed by various competent authorities including Director, BARC. Memorandum as mentioned above without disclosure of required details has a direct impact on my interaction with other colleagues. I'm finding it difficult to trust any person for normal official duties. As an interim relief, I requested temporary transfer to another group of BARC. I had to proceed for leave of around one month to avoid repetition of similar memorandum with fake allegations. However, till date, I didn't receive any clarifications from Controller, BARC regarding nullifying of charges made in memorandum issued by him. 
 	On the contrary, I received transfer and relieving orders to join another group of BARC at Vizag (Andhra Pradesh). This was followed by immediate discontinuation of access to my sitting place. Last but not least, Controller, BARC in another written communication ordered me to surrender my ID card which would otherwise be blocked. Director, BARC has been informed regarding this and no action has been informed by any authority to provide required clarifications. Recently, I came to know that since the transfer is done under “redeployment”, I will lose seniority if I join as per transfer order. Further, since I’m married and my husband is working in a Mumbai based software company, it will completely spoil my personal life. I didn't get a chance to take out my personal items from my sitting place. I’m receiving letters from one of the stores to deposit few items even after my official relieving and receipt of orders denying access of office premises. 
	I'm in a precarious situation and don't understand what is really happening my professional career. No need to mention, lot of my work is still "unpublished". I don’t know about expected official duties at transferred location and why I was selected while there are other officers of equivalent grade. No authority is initiating any action to help me to work with "dignity" in a R&D organization of international repute. I never joined this organization with a bright academic career for such a treatment. Please give your feedback to initiate legal actions seeking justice to challenge these orders in a court of law. 
I got both official orders i.e. transfer order (dated 27-04-2015) and relieving order (dated 28-04-2015) on 28-04-2015 (AN). I didn’t enter my office premises since 01-05-2015 and applied for leave till 26-06-2015. I received a letter (dated 12-05-2015) from one of the stores for issue of NDC (No Demand Certificate) after return of few items issued for personal use.
Asked 1 year ago in Labour from Mumbai, Maharashtra
1.)	Can I be suddenly transferred to another state under “redeployment” without declaring me a surplus employee? I never joined redeployment arranged for me and instead applied leave. 

Such empoyees have to be declared surplus alongwith their post in the parent department. Transferring to another State depends on the clause in the appointment order and also redeployment means appointment of a surplus employee against a vacancy in a Central Civil Service or post in accordance with CCS(Redeployment of Surplus staff) Rules, 1990.
2.)	What are the options available to me? Am I eligible for special VRS? Can I apply for readjustment to a preferred location(Haryana) and remain in roll of surplus employees?

Within 3 months, a permanent surplus employee can exercise option for VRS.  Ex-gratia payment admissible under Special VRS OVER & ABOVE the terminal benefits under CCS(Pension)Rules.  You can seek readjustment within 2 months from the date of your redeployment, as per rule 6 of the CCS (Redeployment of Surplus Staff) Rules, 1990 to your preferred location, provided there is an establishment under the same ministry. You can remain on roll of Surplus employees, but surplus employees are not entitled for promotion while on Surplus Roll as they are continuing against supernumerary  posts.
 
 
3.)	I joined after 01.01.2004 and comes under NPS. How much pension I’ll receive?

There is a formula for calculating the Pension under the New Pension Scheme and the book for guidance is available with all the service matter booksellers.
Shashidhar S. Sastry
Advocate, Bangalore
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