Sir my father was dismissed from railway service in 1997 because of criminal case was started from 1989 . Honorable Gujarat high court removed all charges from my father . judgment came 4th may 2015 but his service age crossed . and now the 3 month time also crossed to appeal in supreme court . and we sen notice to railway they are not replying . so what to do now in this situation ? How we can get all service benefits from date of dismissed or date of suspension ?
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Hello,
1) Did you send a legal Notice to the Railway through an advocate? If not send a legal notice detailing all things that happened and demanding reimbursement of all arrears with interest and the retirement benefits in addition and the litigation costs.
2) If there is no response and the Railways refuse to comply with the demands raised in the Notice you can sue the Railways by filing for Recovery of all arrears due to your father.
Send a legal notice for getting the service benefits to Railway. If the railway officials does not took any steps,then file a writ petition before high court for considering and getting the service benefits .
Hi
if the notice send not replied you should sue the railway for the service benefits.
your father should get the befits from, " Time passed under suspension pending inquiry into conduct, counts in full if on conclusion of enquiry, the Railway Servant has been fully exonerated or the suspension is held to have been unjustified. In other cases the period of suspension will only count if the authority who reinstated him in service expressly declared to count towards pensionary benefit"
Ask your lawyer to take further legal step to file petition for the service benefits
What is the judgment ?
Whether the court ordered for reinstatement of services or if not eligible then all his benefits available if he was in service including the retirement benefits to be made? Is there any direction to the employer in this regard by court?
If the judgment is in your father's favor but without any direction by court to the employer, you may have to once again approach court for getting proper direction enabling the employer to provide all the benefits which have been suspended or not provided.
If the judgement is granting all such benefits, then you have to apply through a application sent by registered post enclosing a copy of the judgment and seek the benefits giving time limit, within which if the employer is not initiating proper action to pay the arrears and other benefits, you may move court with a EP to enforce the decree or move a contempt petition against the employer.
1. Your father should file a lawsuit against railways for being reinstated from the date of his dismissal. As a corollary thereto, he will be entitled to all the service benefits including pension.
2. The notice has been issued, so do not wait any longer to file the case.
1. What was the High Court Order?
2. Did you not add prayer to pay salary for the entire period your father was kept out of service?
3. if not, then send a claim before the railway authority claiming the said payment of salary with interest and damage with in 30 days,
4. If they do not act, file a Writ Petition against inaction of the Railways praying for a direction for payment of he salary for the period your father as kept out of service, damage and cost,
5. If High Court says you to file a suit in place if W.P., pray for interim order for atleast payment of the pending salary where as damage and cost will be claimed whole filing suit before the Civil court.
