Yes, you are eligible for the vrs. If your department refuse then file a case in the cat else file a writ in the high court.
Regards
Entitlement of pension and terminal benefits
Sir with due respect, it is submitted that I was appointed in a Para-military Force on 28.02.1995. But due to my mother serious illness and being only son of my family, I had to compel to resign from service wef. 25.06.1996. After convalescent of my mother’s health, soon after I prayed to my department for reinstate me in service in the light of rule 26 of CCS(Pension)Rule-1972. After examination of my case, my pray for reinstatement in service was considered by the Competent Authority and I was directed to report for duty vide my department letter dated 06.12.1997 as a fresh candidate. Accordingly, I rejoined my department on 20.12.1997 and continuing my service till date. After discharging of 23 years unblemished services, I had tendered application for VRS on 02.05.2020 due to my ill-health. But during processing of my above application, my department has now observed that some procedural mistake had taken place at the time of my reinstatement in service, for which, verification of my Qualifying service is held up at our Regional Pay & Accounts Office. Since verification of Qualifying Service is mandatory before accepting of VRS as per rule, my application for VRS has neither been accepted by the Competent Authority till date nor any official reply in this regard has been received by me from my department so far even after elapsing a considerable period of three months. In view of the above, please inform me:- (a) whether I am eligible to submit application for VRS under above circumstances/situation, (b) whether I am entitled to get Pension & Terminal benefits like other force personnel as usual, and (c) what will be my further course of action, if I deprive of above entitlements from my department. Submitted for your valuable judicial advice in this regard at the earliest please. Thank you.
Asked 5 years ago in Labour
14 Answers
1. Without knowing what was fault in your reinstatement its very difficult to advise on merit of acceptance of your VRS. For mere irregularity your acceptance for VRS can not be rejected.
2. Yes after serving your department your terminal or retiral benefits can not be deprived of under any circumstances.
3. Don't worry. You will get your dues after retirement even if VRS is refused. If its refused then you have the option of filing the case before the AFT.
The observation of RPAO is that : as per rule 26 of CCS(Pension) Rules, 1972, the process of reinstatement was required to be completed by 90 days from the date of acceptance of resignation, but in my case, the process of reinstatement has taken more than 90 days from the date of acceptance of my resignation. However, my resignation was accepted wef. 25.06.1996 and I submitted my application for reinstatement on 19.07.1996 i.e. just after 24 days from the date of acceptance of my resignation but, my department had failed to complete the process of reinstatement within the time limit of 90 days and due to which, the observation has been raised by the RPAO. Submitted please.
Asked 5 years ago
You can file application before CAT to direct competent authority to consider your VRS application within stipulated period , to grant you pension and terminal benefits
If any procedural lapse committed by dept at the time of reinstatement, you cannot be held responsible. You were liable if have committed any fraud or submitted forged document.
You have rightly submitted reinstatement application within given time and you are entitle to complete benefits for service served.
Approch arms tribunal for releif.
As per the facts of your case ,we do not find a single fault of your's right from 25th June 1996 till 02.05.2020.It appears that there is some administrative delays and lapses caused by your department while considering your reinstatement in the department and those lapses are being covered and concealed by them not answering to your VRS application.
My answer to your question a and b is yes .
My answer to your question C is as under :-
C- You need to write a simple letter to your HR department for reminding them to consider your application as per rules. If your rank in para military force was at par with class I then your matter would be heard by CAT otherwise Labour Court under Labour law.
As per the facts above you are eligible for all the said facilities including vrs and pension
This is a mere irregularity for which your employment can not be termed illegal. No illegal means was adopted for acceptance of your reinstatement. Therefore your VRS offer may not be found to be eligible but you entitlement for pensionary benefits can not relinquished.
(a) Yes , you are eligible to submit application for VRS , as for the faults & mistakes , you cannot be punished and your
right of service cannot be taken away by the department.
(b) Yes
(c) If refused your application for VRS Or paying the benefits on any ground , then you can approach CAT for getting
the same.
1. If the rules and regulations permit you to apply for VRS, then where is the question of eligibility.
After your reinstatement in the service, you have served the qualifying service to apply for VRS and if you have met the requirements qualifying you for VRS, you need not be worried about it, let the authority give you a reply in this regard, they are so far silent but have not rejected your application hence you may wait or resort to making a representation to the competent authority in this regard.
2. If you are qualified in terms of the service regulations for pension, then you should not be worried about this aspect also.
3. You can resort to legal action as per law by approaching CAT or high court.
In your case you have submitted an application seeking to cancel your resignation and to reinstate you within the stipulated 90 days time period.
The delay in processing your application was on the administrative side hence you are not at fault.
The department has finally approved your application by processing your application
That clearly indicates that you were well within the rules and your application was found to be correct and fit enough for reinstatement by the competent authority.
The delay in processing the application was on the side of the authorities concerned may be due to administrative reasons.
But his fault cannot be shifted on the employee, if done so, then the employee can knock the doors of the law to establish his rights of employment and related service benefits as a right.
Dear Sir,
You are suggested to submit an humble application to the effect that the you have done the service with all dedication and love towards nation. There was no fault of yours for said mistake at the time of reinstatement and hence you should not be deprived of any sorts of the benefits, It is also informed that you are entitled for all the benefits. if the said application is not replied or entertained as per your service rules, file the case in the CAT or High Court accordingly.
It was mistake committed by department
you cannot be denied your terminal benefits as you have served for 23 years
1. You are eligible to submit the application to VRS.
2. Yes
3. You should file petition against your department before CAT.
You can file awrit.