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Anonymous   10 September 2010 at 10:17

What should I do?

I have posted the query and I didn't get the reply on my query possibility that it may not come across with the experts of this forum and therefore I am re-posting it

I am Govt employee(Class-II)& law graduate in health care organisation working on adhoc capacity for last 12 years.I used to get the extension for the period of 6 months.In year 2001 interview for the regular posts held and I was being placed in the panel as waitlisted candidate But the waiting list was not displayed b y the employer.One appointed candidate has resigned from services but my candidature was not considered by the employer. I came to know about this fact through an RTI Application filed in year 2007 and made my representation to the employer.The employer gave its replied that my case cannot be considered for regular appointment as the resultant post has been floated into the reserved category

I filed the petition in the CAT who has given verdict in my favor with the apex court judgement that Reservation applied to the posts and not to vacancy and it has given differential treatment to the petitioner and directed the employer to regularise the services from date of accural of vacancy with all consequences admissible in law with in the period of 3 months. The judgement was pronounced in Feb 2010
After the period of 3 months, I send the reminder to the employer to kindly implement the order but I didn't received any intimation

Finally I move the contempt petition against the employer for willfully and delibrately non implementation of the order

My adhoc tenure was expired on June 2010 and the employer has not relaesed the salary of July & August 2010 with the contention that I have not applied for adhoc extension
So I filed separate Miscallneous Application in the CAT to give directions to the employer to release my salary with interests

My query are:

1 Whether I should apply for adhoc extension for another period of 6 months so that employer can release my salary?

2 Whether my application for adhoc extension will not be contrary to the Judgment/order of the CAT who has already passed an order to regularise my services from year 2002

3 Whether employer can seek defence that he has not applied for adhoc extension and we are not binding to release the salary

4 Whether separate writ in High Court or in Supreme court is maintainable to release the salary?

6 Any other suggestion which the respected experts will like to give

Dinkar Vidyarthi   10 September 2010 at 10:12

Joint Property

Sir,
property i.e residencial plot purchased by sale deed in joint name of purchasers. that the sale deed does not disclosed the share of the co-owner of the property. that one of the joint owner by sale deed has died with out any will and left her two sons and one daughter. That the co- owner according to the sale deed of such plot is grant daughter of deseased. now the other LRs of for the property wants to transfer their repective shares in the favour of above said grant daughter of deseased who is also a joint owner of said property as per the sale deed.
My query is whether there is any possibity to acquire the whole share in property by the grant daughter through court on application under Benami transaction Act or the other sharer through registry or through declaration transfer the said share in their daughter?
what extend the other sharer are entitled to their share in the said property in which there was no stipulation or averment in the sale deed that upto what extend the co-owner has their share in the property?
Any other suggestion please.
Thanks


Regards

Dinkar Vidyarthi   10 September 2010 at 10:02

Joint Property

Sir,
property i.e residencial plot purchased by sale deed in joint name of purchasers. that the sale deed does not disclosed the share of the co-owner of the property. that one of the joint owner by sale deed has died with out any will and left her two sons and one daughter. That the co- owner according to the sale deed of such plot is grant daughter of deseased. now the other LRs of for the property wants to transfer their repective shares in the favour of above said grant daughter of deseased who is also a joint owner of said property as per the sale deed.
My query is whether there is any possibity to acquire the whole share in property by the grant daughter through court on application under Benami transaction Act or the other sharer through registry or through declaration transfer the said share in their daughter?
what extend the other sharer are entitled to their share in the said property in which there was no stipulation or averment in the sale deed that upto what extend the co-owner has their share in the property?
Any other suggestion please.
Thanks


Regards

Anonymous   10 September 2010 at 08:41

QUASI JUDICIAL DECISION

DEAR SIR,

WANT TO KNOW WHAT A QUASI JUDICIAL DECISION IS

IS AN ACTION OF A GOVERNMENT DEPARTMENTT A QUASI JUDICIAL ACT?

VINAY KALA SEP 10

Anonymous   10 September 2010 at 08:20

mesne profits -have they to be deposited when trial starts.

dear sir,

have heard that a new law is waiting accent at the government leve making it mandatory that mesne profits be deposited in court when a trial begins.

so do enlighten what is the position on this issue

vinay kala sep 10

Anonymous   10 September 2010 at 00:40

demaning a police officer for his Identity Card

Hello
I stay in Pune where we have many cases of fake-police who harass people during night
I want to know if a citizen has the RIGHT to demand a police officer for his Identity Card issued by the Government while he is on duty, or is just the badge and the belt number enough.

Thank You.

Anonymous   09 September 2010 at 22:09

FITMENT ON PROMOTION

Sir,
I am working as an Officer in Baroda Rajasthan Gramin Bank. I was promoted on 15-04-2010 and I am not satisfy with my fitment in Officer Grade. I wrote a letter to Management (copy of which is attached herewith). Please advise me whether my fitment is right or wrong.
Please reply on my email.
Thanking you.

R.K. SINDHI

Mugundhan   09 September 2010 at 18:12

Advice needed

Dear Experts, I am going to file a suit for partition against 3 defendants. One of the defendants is residing in France. HIs address is not known. Only the email id is known. my questions

1. Is it possible to find out his address using the mail id?

2. will the court accept service by email?

3. If yes, what is the procedure?

Thanks in advance.

yogesh   09 September 2010 at 18:01

welfare stamp mainataianble for Recognised agent??

I want to contest the case of my brother as Recognised agent(not as pleader) as per Order 3 Rule 2 of Civil Procedure Code . whether I should have to affix the advocate welfare stamp on the power of attorney filed along with the petition?

Anonymous   09 September 2010 at 17:35

What should I do?

I am Govt employee(Class-II)& law graduate in health care organisation working on adhoc capacity for last 12 years.I used to get the extension for the period of 6 months.In year 2001 interview for the regular posts held and I was being placed in the panel as waitlisted candidate But the waiting list was not displayed b y the employer.One appointed candidate has resigned from services but my candidature was not considered by the employer. I came to know about this fact through an RTI Application filed in year 2007 and made my representation to the employer.The employer gave its replied that my case cannot be considered for regular appointment as the resultant post has been floated into the reserved category

I filed the petition in the CAT who has given verdict in my favor with the apex court judgement that Reservation applied to the posts and not to vacancy and it has given differential treatment to the petitioner and directed the employer to regularise the services from date of accural of vacancy with all consequences admissible in law with in the period of 3 months. The judgement was pronounced in Feb 2010
After the period of 3 months, I send the reminder to the employer to kindly implement the order but I didn't received any intimation

Finally I move the contempt petition against the employer for willfully and delibrately non implementation of the order

My adhoc tenure was expired on June 2010 and the employer has not relaesed the salary of July & August 2010 with the contention that I have not applied for adhoc extension
So I filed separate Miscallneous Application in the CAT to give directions to the employer to release my salary with interests

My query are:

1 Whether I should apply for adhoc extension for another period of 6 months so that employer can release my salary?

2 Whether my application for adhoc extension will not be contrary to the Judgment/order of the CAT who has already passed an order to regularise my services from year 2002

3 Whether employer can seek defence that he has not applied for adhoc extension and we are not binding to release the salary

4 Whether separate writ in High Court or in Supreme court is maintainable to release the salary?

6 Any other suggestion which the respected experts will like to give