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Not getting my salary arrears for about 5 years how to get penalty
23-May-2023 (In Labour & Service Law)
Sir, I am uttar pradesh government employee. I am not getting my salary arrears (generated as result of promotion, yearly increments, dearness allowances etc) for about last 5 years , without any reason. I want to know if there is any rule to get penalty intrest on my arrear amount.
In which government department are you working? Have you ever enquired with the department as to why you are not being given the arrears of your salary? You will have to provide the complete details pertaining your issue for a solution.
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Adv. Nitin Chopra
Allahabad | 200+ Answers
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Dear
You have not mentioned that what were the efforts put in by for the enforcement of payment of salary etc. Notwithstanding, today itself you must make an effort to submit the complete details in writing to the competent authority of the department and wait for some time and if that is not decided, then you can approach to High Court for issue of writ of mandamus for enforcement of salary arrears (generated as result of promotion, yearly increments, dearness allowances etc) for about last 5 years. In the meanwhile the question will arise that what you were doing for these many years. You should have proper justification for the same.
Regards
You have not mentioned that what were the efforts put in by for the enforcement of payment of salary etc. Notwithstanding, today itself you must make an effort to submit the complete details in writing to the competent authority of the department and wait for some time and if that is not decided, then you can approach to High Court for issue of writ of mandamus for enforcement of salary arrears (generated as result of promotion, yearly increments, dearness allowances etc) for about last 5 years. In the meanwhile the question will arise that what you were doing for these many years. You should have proper justification for the same.
Regards
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Having been promoted you to a higher post, the govt. Is liable to pay you all the emoluments of that higher post including salary. Interest on arrears cannot be claimed under any rules as such, however, if you approach the Hon'ble High Court assailing the high handedness of the authorities, not only all your pending dues will be released but you'll also get interest upon the same.
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So far no statute provides the interest on arrears for government employees. However, Hon’ble Supreme Court in the past has provided relief on similar issues through various judgements. In these judgements it has been observed that in absence of statutory rules, administrative instructions or guidelines regarding payment of interest, an employee can claim interest under Part III of the Constitution relying on Articles 14, 19 and 21 of Constitution.
You can refer the following case for better understanding "S.K. Dua Vs. State of Haryana and another [(2008) 3 SCC 44]"
You can refer the following case for better understanding "S.K. Dua Vs. State of Haryana and another [(2008) 3 SCC 44]"
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Adv. Prerna Oberoi
Noida | 25+ Answers
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