Anonymous
Asked July 24, 2016

compensation in lieu of salary

  • 2 Answers
  • 244 Views

Subject :- Dismissal from service My Father is servicing in CISF constable ( Under the MInistry of Home Affairs), after serving a 13 yrs,He was Dissmissed from the Service in the year 2001 due to taking bribe from stolen scrap dealer in the manchirial Town ,Adilabad Dist, Telangana under the act of CISF Rules, and no compensensation amount was given to my mothet Such PF amount. At the same time One more constable also suspended from the sevice in the same case, and he again joined in the service, My father is expired on 31 oct 2003, My mother made a mercy request to CISF regarding for PF amount, as per CISF rules no compensation made to us. Hence now I would like to fight for the justice either to adjust the PF amount of my father or else Pension to my mother, Is it Possible now to fight aganist this, if yes can u please guide in the proper channel sir, pls With Regards VB RaviChandra Soppa 9849655682

Answers 2

As per CISF Rules, 2001[1], pension and PF is granted to the members in a similar way as central government employees, at the discretion of the government. According to Rule 8 of CCS (Pension) Rules, 1972[2], pension may be forfeited in case of dismissal of the pensioner.

Government services usually forfeits pension and PF benefits in case of dismissal or termination of the employees as a result of any criminal charge. The final decision rests at the discretion of the employer. You can know the PF and pension schemes and procedures of the institution through the CDA Rules of the particular institute. Every organization has its own set of Conduct, Discipline and Appeal Rules, which lays down the procedure of recruitment. The application clearly signifies the essential criteria for recruitment and the grounds of refusing recruitment.

If the CDA Rules bars such PF discharge, you may approach the CISF head constable with a request letter, stating the need for such money by your mother.

 

[1] Available at: http://www.cisf.gov.in/wp-content/uploads/2013/07/cisfrules.pdf

[2] Available at: http://persmin.nic.in/pension/rules/pencomp2.htm#Stoppage or reduction of pension for reasons other than misconduct not permissible

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Rahul Singh

According to section 8 of The CISF act, 1968 the department has the authority to terminate the service of any of its personnel as well as to suspend all the special allowances which he is entitled to, if his involvement in any of the grave misconduct is established. However in section 9 of the same act the aggrieved person is also provided a right to appeal within 30 days (and even after 30 days in special cases) against such orders.

If both your father and the constable which you mentioned were suspended in the same case and now the said constable is reinstated in service, you can file an application to the department praying for adjustment of PF amount of your father or else pension to your mother. If CISF authorities does not respond within reasonable time you can file a writ petition under article 32 or 226 in the Hon’ble Supreme Court or Hon’ble High Court respectively citing discrimination by the department among your father and the constable who was reinstated. The CISF suspended two persons at the same time in the same matter and now if they have accepted one of them into service then the others benefits and allowances becomes payable if they fail to comply with it, then it is clear violation of article 14 of the Indian Constitution and you have the right to file a writ petition against them.

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