Service matters
8 months ago
The employee was facing an allegation, which was never proved by department while the employee was alive and no Departmental charges are framed against the employee and no Disciplinary proceedings are initiated against the employee for any misconduct. The department after the death of employee, has provided employment to dependent family member under compassionate grounds as per rules and recovering amount from salaries of employee and withheld monetary benefits.
In this case, is it legally possible by department to recover any amount from dependent employee's salaries, wherein no misconduct of parent of employee is proved.
A.Dear Client,
In this case, if no disciplinary proceedings were initiated against the deceased employee and no misconduct was proven, it raises questions regarding the legality of recovering amounts from the dependent employee's salary.
If there were no departmental charges framed against the deceased employee and no disciplinary proceedings initiated, it would imply that there was no official finding or decision by the department regarding any misconduct by the employee. In such a situation, it would be important to review the relevant rules and regulations governing the employment and compassionate grounds appointment in the department.
If the rules and regulations do not provide any basis for recovery of amounts from the dependent employee's salary in such circumstances, the department may not have legal grounds to recover the amounts. It would be advisable to carefully review the relevant rules, policies, and any provisions governing compassionate appointments in the department.
If the department is proceeding with the recovery of amounts despite the absence of evidence of misconduct or disciplinary proceedings, you may consider challenging the recovery action through legal means. This could involve submitting representations to the department explaining the situation and asserting your rights, or even taking legal recourse by filing a petition in the relevant court.
Please note that the specific provisions of any applicable departmental rules, regulations, or policies, as well as relevant labor laws, may vary depending on the jurisdiction and the specific circumstances of your case.
Thank you.
In this case, if no disciplinary proceedings were initiated against the deceased employee and no misconduct was proven, it raises questions regarding the legality of recovering amounts from the dependent employee's salary.
If there were no departmental charges framed against the deceased employee and no disciplinary proceedings initiated, it would imply that there was no official finding or decision by the department regarding any misconduct by the employee. In such a situation, it would be important to review the relevant rules and regulations governing the employment and compassionate grounds appointment in the department.
If the rules and regulations do not provide any basis for recovery of amounts from the dependent employee's salary in such circumstances, the department may not have legal grounds to recover the amounts. It would be advisable to carefully review the relevant rules, policies, and any provisions governing compassionate appointments in the department.
If the department is proceeding with the recovery of amounts despite the absence of evidence of misconduct or disciplinary proceedings, you may consider challenging the recovery action through legal means. This could involve submitting representations to the department explaining the situation and asserting your rights, or even taking legal recourse by filing a petition in the relevant court.
Please note that the specific provisions of any applicable departmental rules, regulations, or policies, as well as relevant labor laws, may vary depending on the jurisdiction and the specific circumstances of your case.
Thank you.
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A.Dear Client,
As ruled out by the Supreme Court in CIVIL APPEAL NO. 5224 OF 2008, no past acts of misconduct of the employee who dies in harness can be taken into account while considering the case of a family member for employment on compassionate grounds, as it is not a benefit provided to the deceased employee but for providing immediate relief to its dependents to survive. So, in view of the above ruling of the Apex Court, the Employer department cannot recover any amount from the dependent employee's salary to recover the penalty for the misconduct of the parent employee. So redressal of grievance, if the employee belongs to State Govt. then dispute is to be raised before the State Administrative Tribunal(SAT) post a grievance petition before the Authority of concerned Deptt and if the employee belongs to Central Govt. then the dispute is to be raised before the Central Administrative Tribunal(CAT) post a grievance petition before the Authority of concerned Deptt. Reach out to an Advocate handling SAT/CAT matters for guidance and steps. . In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
As ruled out by the Supreme Court in CIVIL APPEAL NO. 5224 OF 2008, no past acts of misconduct of the employee who dies in harness can be taken into account while considering the case of a family member for employment on compassionate grounds, as it is not a benefit provided to the deceased employee but for providing immediate relief to its dependents to survive. So, in view of the above ruling of the Apex Court, the Employer department cannot recover any amount from the dependent employee's salary to recover the penalty for the misconduct of the parent employee. So redressal of grievance, if the employee belongs to State Govt. then dispute is to be raised before the State Administrative Tribunal(SAT) post a grievance petition before the Authority of concerned Deptt and if the employee belongs to Central Govt. then the dispute is to be raised before the Central Administrative Tribunal(CAT) post a grievance petition before the Authority of concerned Deptt. Reach out to an Advocate handling SAT/CAT matters for guidance and steps. . In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
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