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Ramalingam Kalirajan |7040 Answers |Ask -Follow

Mutual Funds, Financial Planning Expert - Answered on May 01, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more

Asked by Anonymous - Apr 10, 2024Hindi

I was working in a governments university on temporay basis for 10 years. After 10 years I got a fresh job in the same university but was appointed on tenure basis and contiued to work for 23 years without any break till my retirement. During these 23 years my employer was completely silent on my tenure period and never specified my tenure period. Now I am asking them to pay my grautity and leave encashment. But they are counting my first period of 10 years and are not counting my second period of 23 years of service. Kindly let me know what can I do to get all the 33 years of service counted for claimimg retirement benefis.

Ans: You have a strong case to argue that all 33 years of service should be counted for your retirement benefits, including gratuity and leave encashment. Here's what you can do:

Approach your University's HR Department:

Clearly explain your situation, highlighting the 10 years of temporary service followed by the uninterrupted 23 years of tenure-based service.
Emphasize that your employer never specified an end date for your temporary period, and your service transitioned seamlessly into a permanent role.
Refer to University Employment Rules:

Research the university's employment rules and regulations regarding temporary staff transitioning to permanent positions. These rules might mention how the service period is calculated in such cases.
Gather Evidence:

Collect any documents proving your continuous service for 33 years. This could include appointment letters, salary slips, identity cards, or any other documentation that reflects your employment period.
Consider Union Representation (if applicable):

If your university has a staff union, seek their guidance and representation. They might be familiar with similar cases and can help you navigate the process.
Legal Consultation:

If the university remains unresponsive, consider consulting a lawyer specializing in labor law. They can advise you on your legal rights and potential courses of action, such as filing a petition with a labor tribunal.
Key Points:

The continuous nature of your service for 33 years strengthens your case.
University employment rules might have specific guidelines for such situations.
Documentation and evidence are crucial to support your claim.
Explore union representation or legal consultation if necessary.
Remember, persistence and clear communication are key. By presenting a well-documented case and highlighting the continuous nature of your service, you can increase your chances of having all 33 years counted for your retirement benefits.

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