Amir Hamj Khan
Asked January 07, 2017

Dues not clear by the manager

  • 2 Answers
  • 90 Views

I worked as a Principal in Jaypee vidya mandir Tomri BULANDSHAHR UP wef 27 July 2011 to 15 October 2016 on regular appointment. I was given 18600 Basic Pay and 6600 Rs. as grade pay with 51% DA. My DA was not hiked for 2.5 years. I was given an increment of RS 3000 pm in my consolidated salary but not in DA after 2.5 years. Then in the following year my DA was reduced to 20%. I requested my manager through email on 20 November 2016 for payment of Gratuity but it has been denied on the ground that in my appointment letter or in the school byelaws there is no mention of Gratuity. The school byelaws does mention the accrual of Earned Leaves to a maximum limit of 90 days whereas I have 119 days of Earned Leaves credited into my account . The manager has refused to give me el Encashment. As a proof I have appointment letter, confirmation letter, clearance certificate from school, experience certificate issued by manager. I have the following queries. Can I file a suit for recovery of hiked DA denied not paid to me, Gratuity and EL Encashment. How long will it take for disposal of my case. Where should I file the suit.

Answers 2

Dear Sir, You should move all claims before Hon'ble High Court where you can get speedy disposal and you matter relates to princiiple of natural justice and if want more clarification then contact us then i will elaborate all.

Advocate Anurag Bhatt

Allahabad High Court

Agree Comment 0 Agrees 4 months ago

Sir, your entire salary/increment/DA regime is governed by the agreement between you and the management of Jaypee Vidya Mandir. This agreement serves as the contract you entered in exchange for your services. Hence you can file and claim DA and amount for earned leaves which the management is mandated to pay you according to your contract, through a suit of performance of contract under the Specific Relief Act as per the procedure established under the Civil Procedure Court before a civil judge of relevant jurisdiction.

Agree Comment 0 Agrees 3 months ago

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