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  • Category: Other Jobs

    Government job and Court case.


    Worried about the government job in case a court case is pending? Looking out for details of regulations in such a case? No worries, on this page our experts shall respond to your query.

    I want to know about payment of removal period in a matter described below -
    That my brother was working in Railway as group-c employee. He was removed from service in 2015. He has challenged his removal in CAT in 2016 and decision is pending till now.
    In 2018 he joined a new job in UP State in 2018 as per rule and drawing the payment after regular duty as per rule.
    If the CAT pending decision comes in favour of my brother, then he will again join his earlier job after resignation the present State Govt. job. In this condition i have some doubt regarding the payment of salary for removal periods.
    -Some people says that he can take the salary through court's decision, because there is no mistake done by him.
    - Some people say that he is drawing his present payment after serving the government, hence it is correct and another payment for removal period will be through court's decision, for which he is is not responsible. It will be railway employer's fault.
    - Some people say that nobody can take two payments for same period.
    In the above conditions I want to know that -
    1. Will he eligible for full payment of salary for removal periods while he is working in State Govt. job and taking a salary during this periods?
  • Answers

    5 Answers found.
  • No person can take two salaries from two government organisations. It will be illegal.
    Your brother was removed from the services and your brother went to court. The case is in court as of now. It is the responsibility of the individual to mention to the court that he is already working in another place. Otherwise, it will be treated as a Suppression of facts. For that, the person will be penalised. So your brother should inform the court. If your brother wins the case, the court may give an option to your brother to select one among the two and the other should be paid back to the organisation. Even the court may give an option for retaining a job he prefers. But will not allow him in both. If your brother gets his arrears with interest, your brother has to pay back the amount received from the other company with the same rate of interest.
    Did the present employer was informed about the court case that is pending in court? It is better to inform them at least now.

    drrao
    always confident

  • Did the present employer was informed about the court case that is pending in court? It is better to inform them at least now.
    Not till now. Because as per railway establishment rule , a removed employee can apply for another job. Present state vacancy opened after removal from railway and in advertisement or application form , there was no any condition or column regarding this type of information. At the time joining, there was no any question or declaration about pending case or NOC.
    As per your suggestion if we want to inform the present employer about CAT case , what type of letter should we draft? Please guide !
    Our present lawyer says that there is no any need to inform any body, because my brother was not an employee anywhere at that time and there is no any rule to take a permission from CAT for a fresh job.
    I am totally confuse about hole matter. I am not understanding that what should I do ?

  • Your brother was working in the Railways and later he was removed from his services because of no fault of his. Later your brother joined UP state board in 2018 and still working in the same board. Here two irregularities are being seen as indicated below-
    1) Your brother has not indicated the present employer regarding the service status of the Railways. He had to intimate the present employer regarding his removal from the Railways. Suppression of facts would be treated as an act of indiscipline and he is liable to be punished for such an act under the present standing rule of a company.
    2) Why did the present employer not make any enquiry relating to his past service status prior to his joining? It was the duty of the personal department of the state government to look into this case.
    What your brother can do under the present circumstances is to apprise of the present employer of his past service of Railways and his subsequent removal from the same with a note of regret for the delayed intimation. He should also state that a case has been initiated against the Railways regarding his removal.
    Now let us understand that in no case an employee can draw two emoluments from the two organisations. However, this would not apply here since hearing is pending before the court.Let the court decide to what extent he was guilty in discharging his duty in the Railways. If he is exonerated from the charges and is asked to join his parent organisation, he would be entitled to get all the pending arrears due to him from Railways. He is supposed to resign from the state government job with immediate effect once the court passes the order of his joining to Railways.

  • Generally, in such cases the court order will spell out this aspect also or at least the payment of salaries for the Railway job would be mentioned by them. When your brother is found 'not guilty' by the court then he will be taken back in service with retrospective date from which he was suspended from the service. This is technically called reinstating back in service. So he will get all the payments towards his salary from the date of suspension to the date of joining in the present State Govt job.

    Joining the present state job was the individual choice and at this point of time the option is with your brother whether he wants to continue in this or wants to resign here and go back to the Railway department where he will be taken back with all the benefits with effect from the date of suspension to joining of present job in State Govt and also from the new date of joining in Railway onwards. For the salary earned in the present State Govt job for the period that is joining to resigning, Railway will not give the salary as for the same period one cannot take two salaries especially in two Govt departments.

    There is a small legal catch in this case that your brother was supposed to inform the Railways about his joining in the State Govt job and mention that depending upon the outcome of the court case he will be taking a decision to continue here or go back there. That is a formality to be observed because they have not removed your brother from the Railway job and he is only under suspension and if court gives a verdict in his favour then he would naturally join back. In fact he can give that letter now itself to safeguard these procedural interests.

    Knowledge is power.

  • There is a small legal catch in this case that your brother was supposed to inform the Railways about his joining in the State Govt job and mention that depending upon the outcome of the court case he will be taking a decision to continue here or go back there. That is a formality to be observed because they have not removed your brother from the Railway job and he is only under suspension and if court gives a verdict in favour then he would join naturally join back. In fact he can give that letter now itself to safeguard these procedural interests.

    Sir,
    For the above comment I want to tell you that my brother is not under suspension. he is removed from service from march-2015. Hence there is no any relation between my brother and Railway, then why should he inform to railway unnecessary ? It can make a negative effect to my brother and can strengthen the railway in CAT against my brother. removal case is under CAT from 2016 and he joined state govt. in 2018. There is no rule about taking permission from CAT for a fresh job during pendency the case. State govt. not given any option / column to inform / report about the past.
    Giving information about past to present employer without any reason ( because state govt. not asked anywhere) can be harmful for present service life.
    If my brother wins the case in CAT, he will join again the railway after resign the present job . The net salary will be always more , because he is 9 yrs senior in railway than the present job.
    Here in this case I want to know that -
    1- Can he keep both the payment ? Because he is drawing the payment by serving the state govt. and rail payment will be through CAT, since there will be no fault of my brother.
    2- If not, then after decision, can he refund the salary drawn from state govt. and continue with railway ?


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