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One day Salary deducted for missing sunday is this legal
26-Oct-2023 (In Labour & Service Law)
I was as Junior Engineer in PHED GoR. On 17.3.2013 it was Sunday. My Boss has come to office.Due to Sunday I was not in office. He had deducted one day salary & entered in my service book Leave without pay to make my service break. I have appeal to Rajasthan civil appellate tribunal (Case No 668/2014). Till now tribunal give next date only. As per my Advocate, Govt does not submitted reply. I want to solve my grevience earliest because after 6 years I will retire & my boss will retire after 2 years. Deptt has not taken any action against him till now. So I want to make quick decision from tribunal as well as deptt. What Should I do?
You have a good case, but as now you have filed a petition before RAT the government will not decide your representation. In my opinion, you shall file an application for early hearing in your petition before RAT to close opportunity to file reply by government and to get your matter decided exparte. For further assistance you can contact me, I am practicing in Rajasthan High Court, Jaipur Bench.
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It was sad that your boss has done so but one thing is there sunday remains holiday and though a government servant is as per service rules remains and can be employed at any time but the way service break attempt has been done is wrong . I want to know any notice was served to you and what was language of that before deducting your salary ? Even speedy trial and fast /quick justice is right of yours you can go to even HC to direct RAT to ensure timely submission of reply by department and settle the issue
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Adv. Devesh Tripathi
Jaipur | 100+ Answers
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You first file an application for closure of reply by the givernment. Since ample opportunities have been given to the gocernment yet the reply has not filed. Due to delaying of the government justice cannot be denied. Once an application filed wait it to get decided by the rat tribunal. If nothing happebs then file writ petitiob appending alk the order sheets of the tribunal case showing the high court that the government is delaying and tribunal is not proceeding withiut reply. High court will direct them to decide the appeal within 6 months.
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Adv. Hemant Taylor
Jaipur | 100+ Answers
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