Service benefits upon re-appointment
pls reply to vijay_avn@ yahoo.co.in
i could find only CIVIL LAW - in you list matching my need near about
a: service history
1. joined ongc,1976(april). 2. resigned from ongc, 1982(april). 3. re-entered the services of ongc,-june 1983. 4. taken voluntary retirement ( vrs ) in 1998, nov
b: benefits given upon re-entry into ongc.
1 pay protection ,i.e, pay was fixed at same stage as last drawn, ( at the time of resignation
2 seniority was restored , i.e, i was promoted to next higher posts along with my erstwhile batch mates , i.e, 1976 batch mates, as and when they were promoted
c: settlements done upon vrs at 1998
1. pf & gratuity – for the full period , i.e, 1976 to 1982 & 1983 to 1998 c:2 vrs (ex-gratia settlement ) paid for the period of 1983 to 1998 only
my claim & reasoning
i have been demanding ex-gratia payment for the period of service of 1976 to 1982.
the amount of claim is rs. 215811/- [( last drawn pay x 1.5 times ) x 6 years].
i have been demanding & appealing for this vrs claim vigorously till about 2006 exhausting
all levels including the cmd’s. after this i got fed up and stopped.
reasoning for my claim
the pay protection and seniority restoration by way of promotion means, that my
service becomes continuous. and therefore , i am entitled to ex-gratia amount
for the period of 1976-1982.
i can assure that there were no vigilance or any other issues on me at the time
of resignation , as otherwise i could have never been re-employed by ongc.
opinions now sought from our esteemed learned members
i am now thinking of serving a legal notice to ongc and stake my claim for
1. original amount of 215811/- 2. nominal interest of 12% for the period of delay i.e, 1999 to till today = rs.414357 3. amount equal to 1 + 2 by way of penalty = rs. 630168/-(215811+414357=630138 ) 4. amount equal to 1 + 2 + 3 for mental agony = 1260336/-
total amount of claim , thus will be , 630168+630168 = 25206672/- or say rs. 25.0 lakhs -
i would welcome the esteemed fraternity, for opinions, and any supporting similar cases
were judgments are available
Asked 2 years ago in Civil Law from Chennai, Tamil Nadu
Yes you should issue a legal notice to ongc and i will arrange the judgements of supreme court so if feel free then contact us.
Advocate Anurag Bhatt
Allahabad High Court.
Dear Mr. Anurag, a very happy morning & thanks for the response
i would like to add and clarify that the delay on my part , ' on a legal recourse', is purely due to the fact that as a common man , i am also weary of courts and always think that courts will consume enormous time.
but on one fine day you just simply decide to pursue this course.
now i would like specific inputs / advice on the following
1. what would be the fees like
2. how much time the case will take
3. i can afford fees only after payment received from ONGC
4. i have from my side papers - my original appointment, re appointment, promotion papers , VRS papers and correspondence between me & ONGC on this claim
5. will my case fall under , time barred , section
6. since in my case there was / is a denial of lawful right i feel time barred should not be applicable
7. honestly what are the chances of winning
Asked 2 years ago
you have to contact local lawyer in Chennai in this regard . only he can guide you after going through the documents your chances of winning the case . fees vary . time period for disposal depends upon pendency of cases in court .
no lawyer will agree on receipt of fees only after you receive payment from ONGC . fees have to be paid upfront
Dear Mr. Ajay , thanks for the response
i am from a lower middle class background and thus i need to have an ides of the,' quantum of fees'.
therefore i definitely need , ' an ides on this',
pt no 5 = time barred / limitation
pt. 7 = chances of winning , in this reg Mr. Anurag has said that he can arrange judgments of supreme court, - which will add strength to my case
can , " Kaanoon", help me find competent Lawyer at Chennai
Asked 2 years ago
your claim is barred by limitation . 6 years have passed . you ought to have taken legal proceedings within period of 3 years . chances of winning are bleak
Dear Mr.Ajay Thanks for the fast response
is there any way to take this up, in spite of time limitation , since the default was from ONGC side = they never acted in spite of my aggressive follow up till 2006 , where after i got fed up. now a days we find many civil / criminal cases / scams are revived even after 20 years. will this fact / scenario help
Asked 2 years ago
no it wont help in your case .
I do agree with Ajay sethi
Mr. ajay has stated that you should contact a local advocate in your town.
that is bright.
I am also of the opinion that there are many lacuna under the law for limitation for moving the applicaion under section 5 of the limitation act etc. However An advocate after perusing your complete case documents can advice you that weather to pursue a legal act or not.
We also can't say that your case is completely hopeless.
You can pursue after consulting your local advocate.
Whereas the question of fee is not so harder.
as per I think that you can find an eligible and efficient advocate on your consideration and fee can be paid in installments also, that all depend on your work out dear.
If you feel free then contact us and as per fees is concern its completely depend upon quality of lawyers so contact us then i will elaborate your issue properly.
Advocate Anurag Bhatt.
First of all your claim is time barred and you dont seem to have plausible explanation for not moving the court within limitation. Dealy of 13 yrs is not easily condonable.
Further without knowing the terms of reappointment the opinion on merit of case can not be given.
Advocate, New Delhi
1. The matter has already become barred by limitation,
2. Have you made any petition to ONGC and received any reply thereof within last 3 years from ONGC? If yes, then you can file the case,
3. If you can prove with citation that Ex-Gratia payment can be made on interrupted service also, then you have the fair charnce to win, provided you cross the limitation hurdle.
Dear(s) Mr. Ajay Sethi, Mahes Vyas, Anurag Bhatt, Harbhajan Singh Thukral, Kishore Kumar Ganguly
First of all let me thank all of you. It is very heartening to get so many responses. I could feel the warmth and sincerity in the responses.
i wish to clarify and add a few more inputs. What I am looking for is that, if I am morally correct in my claim , a mere technicality of , “ time barred “, should not deny the right due.
The following, I hope clarifies
when I re-joined in 1983, at that time,“ VRS scenario was non-existent ”, since it was future.
re-appointment order,’ terms & conditions’. 1. Pay protected as at the stage last drawn. 2. No other benefits of past service to be given and to be treated as , “ fresh entrant”.
resigned - 19-4-‘82. re-joined / re-appointed - 27 -05 –‘83 . VRS 30 -11-1998. VRS taken from Assam – Sibsagar , my eastern region posting
When I opted for VRS, my Admin dept advised me, not to raise the service of 76 -82, as my case was unique and ONGC will not be able to resolve this, and VRS would be delayed
after re-joining in 1983 , my batch mates were promoted in 1984, and I was not considered. I represented for consideration of past service. my representation was considered and I was promoted. subsequently, I was considered and promoted on par with my batch mates
My representations / appeals : 1st slot : after VRS, very vigorously pursued till 2006, after which I got fed up and stopped. 2nd Slot : from October 2013, onwards...
Response from ONGC to my appeals : 1st slot : only one in 2006, informing me that my claim cannot be agreed to.
Response for my 2nd Slot efforts : from October 2013 onwards
Mr. A P Singh Dy.GM attached to CMD office, called over telephone and requested for a full case history. I responded by e-mail giving all details.- 30-10-2013
Mr.K.R.Narayanan, Chief Manager, Eastern Region, Nazira, Assam , also called me informing me that he has been directed by HQrs to obtain all details from me. To him also by e-mail, i sent all details, on 30 -10 -2013.
upon subsequent reminders and my telecom with CMD, on 13-01-2014, I got an ,”sms” , from CMD , “ give me some time to revert”. This sms I have preserved.
Reason for me in not pursuing a legal course within the first 3 years. : 1. as a common man, i was weary of courts. 2. not aware of things like ,” time barred / limitation etc”.
Documents available with me: 1. initial ONGC joining order. 2. re-appointment order 3. promotion orders. 4. VRS acceptance order.
5. Representations from 1999 for this claim 6. letter from ONGC ( in 2006 ) informing me that my claim is not agreed to 7. appeals from oct 2013 ( by e-mail ) 8. sms from CMD ONGC
my reasoning : by giving me promotion in 1984 , ONGC has given due credit to my past service , even though , terms of my re-appointment was very clear and opposite.
This therefore amounts , ‘condoning the service gap’.
for all my representations during 1999 to 2006, ONGC kept quiet - except for the one response in 2006 informing me that my claim is not agreed to.
when I started in 2013 october again, ONGC reacted by asking all the details from me and also directing the Eastern Region – my station of VRS acceptance – to get details from me . ONGC has not come back to me till today.
Under these circumstances does, ‘ barred by limitation’, really apply ?
When my claim is morally correct can a mere legal technicality of time limit deny the right
Can the courts direct ONGC to pay saying ,” look you have already condoned when you promoted and not followed your own order , so why do you deny, “ and having denied pay the extra compensation as well “
I shall be thankful to legal fraternity for their guidance and advise. I am clear on one thing that unless a legal course NOW is 100% certain to win, I do not wish pursue the legal course of action.
Asked 2 years ago
1) no lawyer can guarntee you results of litigation .
2) your claim is barred by limitation .
3) i would not advice you to go to court
1. You have some logic in saying that since you have been condoned service gap while promoting, you shoud get that benifit while being paid gratuity also,
2. Understand fro your queries that details of your claim has been asked by ONGC in the year 2013 which has not yet been addressed to or replied by ONGC. So, you can take this opportunity to file your case now,
3. No lawyer will guarantee a victory since your case is not a open & shut type of case as you understand that there will be lots of counter logic also in this matter,
4. No respectable lawyer will accept the proposal to take payment on winning the case.