Back date Retirement by Govt. of India following Central Govt. rules. Is it JUSTIFIED?
Some of my colleagues working in Central Govt. institution were given extension in retirement age from 60 to 65 years in 2013 with the approval of Cabinet on introduction of mandatory AICTE norms due to conducting AICTE courses.However in 2017 the same AICTE norms were withdrawan from back date i.e. 2013 while still conducting AICTE courses though in last phase to be over by 2020 with Cabinet approval. Consequently Faculties given extensions were retired from back dates i.e. whenever they completed their 60 years during the period 2013-17.Their pensions were calculated from back dates and were denied benefits of 7th Pay commission by retiring in back date though working till 2017 stating that AICTE norms are withdrawn from back date. Pl advise:
1. Whether AICTE norms which are mandatory for ongoing courses can be withdrawn from back date?
2. The status of students passing theses courses without AICTE norms being followed now.
3. Is there any norm where Back date retirement can be done by Govt. only to deprive the benefits of entitled pensionary benefits after taking normal work till their relieving?
4. One of the justification given by Law Ministry is that as the courses are being phased out it is not mandatory to follow AICTE norms.
5. Will it not set bad precedent for other higher education institutions closing their courses to cancel AICTE norms from back date just to deprive their faculties from their due benefits?
6. Cabinet notes of 2013 and 2017 are contradictory to each other revealing how these are got approved through narrations as per the need.
7. AICTE has refused any information about this entire matter showing its failure to do its regulatory functions by allowing to run courses without following AICTE norms. more
1. Whether AICTE norms which are mandatory for ongoing courses can be withdrawn from back date?
2. The status of students passing theses courses without AICTE norms being followed now.
3. Is there any norm where Back date retirement can be done by Govt. only to deprive the benefits of entitled pensionary benefits after taking normal work till their relieving?
4. One of the justification given by Law Ministry is that as the courses are being phased out it is not mandatory to follow AICTE norms.
5. Will it not set bad precedent for other higher education institutions closing their courses to cancel AICTE norms from back date just to deprive their faculties from their due benefits?
6. Cabinet notes of 2013 and 2017 are contradictory to each other revealing how these are got approved through narrations as per the need.
7. AICTE has refused any information about this entire matter showing its failure to do its regulatory functions by allowing to run courses without following AICTE norms. more
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The Supreme Court would the right place to submit a Writ Petition challenging the government acts. more
Nov 10
May be very right. High cost of litigation and high fee of lawyers is a deterrent.Requesting all legal professionals to come forward with reasonable proposal to challenge this action by a Govt. institution following central govt. rules and regulations and setting a bad precedent for the entire country by withdrawing mandatory regulations from back date just to deprive legitimate benefits due to employees after getting work from them for four years under the revised norms. more
Nov 10
Since you are espousing the case of your 'colleagues' ( and not your own case) probably, you are not totally aware of the facts as to whether there was any so-called ' Approval of Govt' or 'extension of retirement age'. Retirement age is fixed as per Rules and cannot be backdated or change to particular section of employees. In the instant case, Services of few employees must have been extended 'subject' to approval which approval was subsequently not granted. Benefits as on date of retirement was correctly paid. more
Nov 08
This was done by approval of cabinet for all subject to educational qualifications and to fulfill mandatory requirements for conducting degree courses. But withdrawn after four years from back date due to internal conflicts rather than any legal issues and again with cabinet approval. Pensions were fixed from back dates. more
Nov 10
Rule-less officers are ruling the government. Very ashame to live under the rule of non-integrity citizens. more
Oct 28
Yes, Very often listened to statement ' I AM THE RULE' from the issuer of such orders. more
Oct 29
The order is applicable to those candidate who were on service as on 2013 onward. For the Candidates who joined after withdrawal are not eligible. So the candidates working at the time of issuing the extension were eligible to get the all benefits that have taken place are bound to get it. Kindly file a case in the CAT or in High Court. It is better file as group who are effected by this more
Oct 28
Back date retirement is bad in law therefore you must knock the door of the court. PURUSHOTTAM On Sun 28 Oct, 2018, 1:41 PM Suresh Choudhary, < connect@localcirclesmails.com> wrote: > more
Oct 28
