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UnpaId Gratuity, Pension under Art 32


15-Mar-2023 (In Supreme Court Law)
On principle sought Voluntary retirement. Relieved during notice period violating DOT relief orders. No retirement benefits paid. Pension issued 5 months later, with errors., result reduced pension. Two errors. incorrect service length. 2nd : incorrect pension calculation. 1st error corrected after 17 years. Arrears issued. No interest. .2nd error continues with reduced pension. Its 22 years .No response from DOT. Non payment of Gratuity. MTNL sent Gratuity sanction to wrong address. Sanction info of other benefits all sent to wrong address. No pension, gratuity. Sought permission from DOT. DOT withdrew pension. Approached CAT. CAT decided in my favor.DOT went to HC 2003. 2019 HC decided in my favor. Details para 1, not part of CAT or HC appeal. I am 77. No time for 22 more years Have evidences to prove non receipt. DOT/MTNL silent on claim letters. Apex: pension and health card are fundamental right. Need appeal under Art 32 in SC. Advice pl: Full brief ready for e mail dispatch.
Answers (3)

Answer #1
537 votes
From what I can assess as per the facts mentioned by you, DOT has not implemented the HC 2019 order and you are looking for a remedy for the same. Instead of going to SC you can also file a contempt before HC in such a case but for further confirmation I'll have to go through the entire records. Kindly contact for detailed discussion.
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Answer #2
509 votes
Hi how can discuss the matter with us we are Advocate on Record with Supreme Cm court of India who can file your Appeals etc there our detail will be shared with him can get back to us for. Quick remedy to your long legal process
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Answer #3
739 votes
Hello this is Adv Pawan Prakash Pathak, Supreme Court. We are doing similar matter of Gratuity for all coal India employees but it seems your have a peculiar case and needs reading and Reserch before commenting anything in general. Please share brief of your matter and will decide whether to do go for SLP or not and if state went what needs to be done.
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