22 November 2017 at 22:47

Fixation of seniority

If a person has given technical resignation after working as junior engineer for 7 years in railways and joined as junior engineer in state government the next day after getting relieved railways. Then will he be placed as most senior person in the seniority list of engineers who were recruited in that particular year(i.e. year of joining state government)
because of his past technical experience.


22 November 2017 at 22:22

Fixation of seniority

I would be grateful if you explain me the difference between the two letters listed below based on seniority which were published on the dates 8th april 2016 and 17 august 2016.I can see that the letter dated 8th april mentions about the point that the tenure of periods spent in the past service does not get included in determining
the eligibility for the next promotion but the second letter dated 17 august does not have a mention of this point.
No. 28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated 8 April , 2016


The tenure of periods spent in the past service does not get included in determining
the eligibility for the next promotion. In case of employees who retain a lien on submitting
Technical Resignation, in the event of their reversion to their previous job, the period spent in
the new job would not be counted for calculation of minimum qualifying service for
promotion in their previous job. The individual will however in case of his reversion to parent
organisation regain his seniority with effect from the date of his reversion .

No. 28020/1/2010-Estt.(C) Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated 17th August, 2016


On technical resignation, seniority in the post held by the Government servant on substantive basis continues to be protected. However, in case of a Government servant deciding to rejoin his substantive post, the period spent in another department which he had joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post.

22 November 2017 at 21:50

Mortgage of D Form agricultural land

Dear Sir,
Can D Form agricultural land in continuous possession of the Original Owner be mortgaged to Commercial Banks for establishing Plantation or taking up Land development activity?


I am 28 year old and my secound cousin once reomoved is 16 year old.we were going to marry when she will be 18yrs old. We love each other a lot. but somehow her family membres foud her mob which was given by me. and everyone knows everything even tho we continued . we face loads of trouble cause of too much pressure by community and also by family membres. on this monday she told me her dad fixed her marriage with her mothers brother. so i took her with me in my home on same day. and whole community and family membres beaten us. evern her clothes were tored by goons .. i was also beaten a lot .. SHe is daugher of my second cousin brother from my fathers side. I have no idea its legal or not .. even after so many peoples beating us she never left me alone in them then her mothers brother came and he took her with him to his village.evryone is threatning me for police case if i tried to contact her so pls help me.....

she is daugher of my fathers first cousin brother's pls help me.....i have no contact with her now since monday.. is there any legal suggestions for me

22 November 2017 at 20:37

Appeal on interim dv maintenance order

I received an order for interim maintenance in Domestic Violence case from magistrate court in which husband has been asked to pay 50000/- maintenance per month from date of application ie (May 2017) and also 1 lacs towards initial school and admission fees paid for our 4 year old child.
Order has been passed by duly considering the salary slips and income tax returns of both parties.

This amount was to be paid in one month however on last date in trial court husband s lawyer sought an adjournment saying they have applied for a stay on this order and appealed in sessions court. We appeared in the date in sessions court on the appeal. We didnt get summons but still appeared. Judge has asked us to reply to their stay application and appeal by next date which is after the date in the trial court.

Since there is no stay order yet, can trial court proceed with the execution? On last date trial court judge had told them that if they dont get stay by next date he has to pay entire arrears. My lawyer is going by this and hence didnt mention in session court that he must first clear arrears.
Can we file for execution in trial court during pendency of stay application as it would take another 2 months for the order.
The entire appeal and stay is only on grounds that DV allegations are false and no DV has occured.
They have not appealed on the interim maintenance amount. What are their chances of getting a complete stay?


I have filed a Crl.Op in Madras HC to quash FIR and chargesheet on Oct.2016. Judgement pronounced on April 2017 in my favour. But Justice got retired on May 2017. But still orders not received or find in website. My lawer is telling still its not received. Is above facts are possible?


I put my papers due to the mental harassment by my reporting authority by mentioning the resignation comments and the reason of resignation was "Issue with Reporting Authority". Still the resignation was approved by same reporting authority.

Moreover On Seniors insistence I have withdraw my resignation on 40th Day of resignation by marking the CC to HR People as well along with few people of leadership.

Still, On 87th Day I have been asked to get relieved on next working day, As they would not be able to retain me.

Moreover, It was the conspiracy of the reporting authority as after my resignation withdrawal request they issued me a Performance Improvement Plan without any reason just to spoil the image before the senior of the bank.

and kept me in the impression that your resignation has been withdrawn Since there is no rule of serving PIP to resigned staff.

It was there intention to make me in the impression that my resignation has been withdrawn So that I would not be able to find the new job.

As per the discussion with the advocate ::
1.) If you have the issue with the reporting authority than the same reporting authority can not accept your resignation as It's against the principal of natural justice.

2.) Issuing PIP against my resignation withdrawal request means, my resignation has been deemed withdraw.

Please guide further.

22 November 2017 at 18:32


Dear sir,
I am one of the resident in Chawl, Mumbai (Pagdi System) as a rental. On this Chawl, One Builder came and made Illegal Construction (G+5) but One person filed the case on against illegal construction in High Court, High Court granted for demolish the illegal construction, But Builders-friend (not builder) demanding money for STOP THE ILLEGAL DEMOLISHING. I told them I am no agree with you, I do not have money for illegal work. They are threat to us and extortion also.
Plz give me SUGGESSION…………..

My bro and his wife are govt employees.They got 2 boys. From 1994 to 2004 they were understanding and bought 5400 s.ft land and 900 s.ft residential building. Property are joint possession. wife is 3 years elder. So this may be a psychological problem to her. In due course she suspects my bro and abuses daily before children. Always quarrels even from the street. She stopped food for my bro from 2004. There are no physical contact, communication, talks between them. He applied divorce on 2007. But she refused with malafide intention. She is not ready to leave him peacefully at the same time she wants to capture the whole possession. Due to her continuous brutal behaviour and activities his boys psychology also turned against him. But She charges, threaten him to take him to police and giving him various continuous torture. He has no security in house. But he lives in a seperate room withouot any contact. Atlast he come to conclusion. He wants to execute a will that 50% of his property to a genuine orphanage centre or senior home etc. Can he do like that?

I am in process of buy an apartment in Bangalore. In the agreement copy there is a clause that "Developer will hold the right of leasing or renting the common areas of apartment for additional income and owners should not have an objection for this"

As i understand, the common areas are collectively owned by the apartment owners as we have paid for super build up area. Is the above statement in agreement valid as per the law ? Developer is refusing to removing this clause from the agreement


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