• 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
Dear Client,
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.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
no it wont help in your case .
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
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.
Mahesh Vyas
Advocate, Bikaner
21 Answers
0 Consultations
Not rated
Dear Client,
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.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
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.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0

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