Question: Not getting salary due to issue in my New Pension Scheme (NPS). I'm a central government employee. previously i was working in a govt dept as an mts, and there my nps account was opened by them. after that i got selected in Delhi police as Sub inspector so, took normal resignation from mts. There (delhi police), for the first 3 months they pay without deducting NPS. After 2 months in training, I got selected in central excise dept, so applied for technical resignation from Delhi police. Meanwhile I submitted nps transfer form, but they said that for first 3 months training we pay without deducting nps, and the whole salary will be transferred to your salaried account, and when they will start deduction for nps, I will be resigned. so don't transfer the nps here, transfer it directly to excise dept where I was going to join. And all i got in my salaried account.
Now it has been 4 months in excise department I got no salary here. they are saying that you took technical resignation from Delhi police means your service has to be added. But according to your NPS account, no data is found about Delhi police. No nps deduction from Delhi police is showing in NPS portal. that's why they are not giving me any salary. Now I'm in a huge debt. please suggest me. isn't there any rule to pay at least basic pay up to when the issue is not solved because here i have been working since 4 months? if they make me work, they should pay me. isn't it? Please suggest what should I do. Thankyou
Your new pension scheme records do not technically indicate that you have been employed or worked in the Delhi Police, as there is no evidence of any deduction or contribution by the Delhi Police in your NPS. Therefore, it is necessary for you to rectify this discrepancy by requesting the appropriate authority within the Delhi Police to transfer your NPS records to the Excise Department.
The absence of any deductions from your salary and contributions by the Delhi Police towards your NPS poses another concern. However, the NPS record can still be transferred from your previous employer to your current employer, regardless of any contribution or deduction.
At present, you have the option to submit a representation to the appropriate authority within the Excise Department, requesting to release your salary while receiving an undertaking that you will contribute to the NPS scheme once the record has been successfully transferred or received by the department.
In the event that the authority does not respond or rejects your representation, you have the option to approach the high court under Article 226 of the Constitution. This would allow you to request the court to direct the authority to release your salary.
It is important to note that the right to livelihood is considered a fundamental right under Article 21 of the Constitution of India. Therefore, the high court would be obliged to instruct the appropriate authority to disburse the petitioner's salary into their bank account, provided that the petitioner contributes their portion of the salary to their NPS account.
