M.RAMACHANDRA RAO
08 May 2011 at 22:18
Sir,
Diversified opinions are being expressed on the subject
FIRSTLY, As per the scheme, financial up-gradtions are granted on completion of 12/24 years of regular service. The term "regular service" since has been defined as eligibility service counted for regular progmotion in terms of relevant recruitment rules/service rules. Further certain categories of employees such casual employees including those with temporary sttus, ad-hoc and contract employees shall not qualify for benefits under the aforesaid scheme. The Financial up gradation under the scheme is given to the next higher grade in accordance with the existing hierarchy in a cadre/category of post.
SECONDLY, As per the instructions contained in the DOPT's OM NO; 11012/5/2000-Estt(A) dated 10-05-2001, the classification of a post shall be determined with reference to the grade in which the post is originally sanctioned irrespective of the grade/pay scale in which the officer may be placed at a point of time".
From the above two statements, Will honorable courts do consider that the ACP benefits needs to be sanctioned based on the pay scales of sanctioned posts or based on the employees holding pay scales as per relevant recruitment rules?
This point of doubt is being expressed since it pertains to NYKS-entire things were on reversal side. It is a normal practise that initially post has to be created and then recruitment rules have to be prepared or say vice versa in some peculiar conditions and latter recruitment of personnel takes place. But in Nehru Yuva Kendra Sangathan, a central autonomous body under the Ministry of Youth Affairs and Sports first of employees were deployed on contract basis and latter they were granted central pay scales (5thCPC) and after more than a decade after deployment of personnel, recruitment rules were framed and after framing of recruitment rules another decade passed by and then alone the posts were sanctioned.
In this situation, whether ACP BENEFITS HAVE TO BE GRANTED BASED ON THE PAY SCALES ATTACHED TO SANCTIONED POSTS OR BASED ON THE PAY SCALES ATTACHED AS PER RECRUITMENT RULES IN FORCE.
Anantha Sowrya
08 May 2011 at 21:28
Dear Seniors,
How and who would be the competent authourity to take action[discplinary/explanatory/] on a recently retired govt employee and also a first legal witness in a criminal the case.
brijesh sharma
08 May 2011 at 19:44
Iam working in a department of ICAR and working since 05th October 2002 and retrospectively from 27th August 1991, after the implement of CAT’s Allahabad judgment on 01/05th Oct. 2002. The two illegal appointees those were terminated by the department and ICAR due to their appointment declared illegal by the CAT Allahabad in my case O.A. No.1081/1991. On dated 05th Feb 2003 high court Allahabad passed intrim order to the both of terminated employees against their termination order and I also, while I was not filled any application in H.C. It is confirm that Hon’ble CAT Allahabad’s judgement is not stayed. One of terminated employee is not having minimum and basic qualification and second was appointed favoritism not fair selection and higher marks allocation for interview etc. In this duration I got two assessments/ promotions. Interestingly the terminated second employee case was put up before DPC in November 2002 during termination period and he got promotion in Dec. 2002.As per office orders and Allahabad CAT’s Judgment It is also interesting that both above mentioned illegal appointee have also got two assessment from 1989/1991 to December 2002 during the pendency of my O.A. 1081/1991 in Allahabad CAT. I am senior over the second illegal appointee by the CAT’ judgment and office order, but now office is not putting up my case of further assessment due from 27th Aug. 2006 and confirmation retrospectively from 27th Aug 1993 and office is saying that I am surplus and adjusted me on non cadre post and my case is pending in high court and challenged by third party (not by the office). However my junior (as per CAT’s and office order) has been adjusted on cadre post. Interestingly two transferee who joined office after five years of my date of joining on advertised post, are also adjusted on cadre post. In Allahabad High Court case is listing since a long for hearing at sl.no.109/108/118 etc. means case is pending in High Court. I have tried for early disposal the pending case in Allahabad.Now the case is my assessment and confirmation should be put up. I have fulfilled all remedies.What should I do, Please advice me. If only court case is the solutionthen please tell a better lawyer for filling the case in CAT New Delhi.
Anonymous
08 May 2011 at 14:53
MY BROTHER HAS BUILT A GUEST HOUSE ON A PROPERTY THAT HAS BEEN WILLED TO ME.
TAKING ADVANTAGE OF MY ABSENSE HE IS RUNNING A GUEST HOUSE WHICH IS WIDELY ADVERTISED ON THE NET.
I HAVE FILED A SUIT FOR POSSESSION WITH THE DELHI HIGH COURT.
I HAVE PLACED COPIES OF ADVERTISEMENTS AT VARIOUS WEBSITES GIVING DISCRIPTION OF THE GUEST HOUSE AND GIVING THE ADDRESS WHICH IS THE ONE WHICH IS THE PROPERTY ADDRESS WHERE I OWN THE FLOOR.
MY QUERY IS
WHAT ARE THE WAYS TO PROVE THE CONTENTS OF THE WEBSITE./
IS THERE A BODY THAT AUTHENTICATES THIS CONTENT LIKE SOME BODIES THAT GO INTO CONTROVERSIAL CD TAPES?
IN SHORT WHAT VIEW DOES HIGH CCOURT TAKE ON THE ADMISSIBILITY OF SUCH NET EVIDENCES.
THE WEBISTES ARE OPERATING TODAY AND ARE VERY MUCH ACTIVE.
PLEASE DO GUIDE
VINAY MAY 8
Adv Neha Mehta
08 May 2011 at 14:22
Hello Friends,
Can any one please answer me whats the procedure to get declaration of Civil Death from civil Court? under which section or under which provision I have to move an application or suit to get Civil Death declaration?
Thank you
advocatemanish
08 May 2011 at 14:00
hello sir i want to know that an order which has been passed under section 151 of c.p.c. appeal against that order is appealable if not plz give me some citation/case laws. thankyou
kuldipmittal@rediffmail.com
08 May 2011 at 09:34
Hello Members
I am a new member in this community and I want to make a query regarding the issue involved in Haryana Urban Control of Rent & Eviction Act, 1973 u/s 12.
Q1. Whether resjudicata is applicable on Section 12 that means the applicant had already availed and executed the repairs in the disputed shop but after some time the same problems occurs on same repairs in the demised premises, so that can be permitted by filling the fresh Second Application on the same issue?
Q2. Whether application U/s12 is maintainable by the tenant after he receives the summons for eviction application on the ground of unfit and unsafe for human habitation?
Please provide me some latest case law on both my qauries.
Thanks in anticipation
Anonymous
08 May 2011 at 08:20
Dear Experts, Please solve my query.
A civil appeal pending in High court in which i am the 5th respondent. In this appeal I have neither appeared before nor engage a lawyer till now,(other respondents engaged lawyer)the appeal is still pending in High Court.Now,
1. Can i appear In-person in my case?
2. Can i argue In-person or can I file a written argument?
If so please guide me what i have to do.
Thanking you
Anonymous
07 May 2011 at 20:05
three mobile towers nearly in my house ine is from erected by aircel and other tow reliance and videocon at back side of my house. Some bodies says radiation output is very high level from mobile tower. So many houses and children in every house.so what relief i am entitled.
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Does ACP benefits have to be extended only on sanctioned posts?
Sir,
Diversified opinions are being expressed on the subject
FIRSTLY, As per the scheme, financial up-gradtions are granted on completion of 12/24 years of regular service. The term "regular service" since has been defined as eligibility service counted for regular progmotion in terms of relevant recruitment rules/service rules. Further certain categories of employees such casual employees including those with temporary sttus, ad-hoc and contract employees shall not qualify for benefits under the aforesaid scheme. The Financial up gradation under the scheme is given to the next higher grade in accordance with the existing hierarchy in a cadre/category of post.
SECONDLY, As per the instructions contained in the DOPT's OM NO; 11012/5/2000-Estt(A) dated 10-05-2001, the classification of a post shall be determined with reference to the grade in which the post is originally sanctioned irrespective of the grade/pay scale in which the officer may be placed at a point of time".
From the above two statements, Will honorable courts do consider that the ACP benefits needs to be sanctioned based on the pay scales of sanctioned posts or based on the employees holding pay scales as per relevant recruitment rules?
This point of doubt is being expressed since it pertains to NYKS-entire things were on reversal side. It is a normal practise that initially post has to be created and then recruitment rules have to be prepared or say vice versa in some peculiar conditions and latter recruitment of personnel takes place. But in Nehru Yuva Kendra Sangathan, a central autonomous body under the Ministry of Youth Affairs and Sports first of employees were deployed on contract basis and latter they were granted central pay scales (5thCPC) and after more than a decade after deployment of personnel, recruitment rules were framed and after framing of recruitment rules another decade passed by and then alone the posts were sanctioned.
In this situation, whether ACP BENEFITS HAVE TO BE GRANTED BASED ON THE PAY SCALES ATTACHED TO SANCTIONED POSTS OR BASED ON THE PAY SCALES ATTACHED AS PER RECRUITMENT RULES IN FORCE.