Member (Account Deleted)
05 July 2014 at 23:11
hi,i was given appointment as civil judge in general category in dec 27 ,2013.i joined on 9-2014.i am presently undergoing academic training since last 6 months.however recently a writ petition has been filed against me by a girl belonging to the reserve (sc) category that the seat allotted to me should have been allotted to another guy belonging reserve(SC)category because he has secured more marks than me in the examination and interview and despite that he has been given appointment on reserve(SC)category seat.And the seat belonging to the guy in reserve(sc) category should have been allotted to her as she is kept in the waiting list.Now I know that my appointment is erroneous( according to law laid down in Ramesh ram and othrs vs union of india a meritorious reserve category csndidate should be given seat in the general category) but I was offered appointment without any fault on my part.a judge's appointment is made by state govt in consultation with high court and public service commission.they erred in giving appointment.now my question is can I be removed from service without any fault on my part.i have already spend more than 6 months in training.as a result of my appointment I could not appear in judicial exam of 2014.so in short my 1 more year was wasted. now my question is what defence is available to me for saving my job?also if I am removed from judicial service can I claim damages as I was not at fault it was the govt,public service commission and high court which were at fault while making my appointment.i never asked for any appointment.it was they who offered me appointment.if yes how much damages can be awarded to me?i am yet to file my reply in the writ petition filed against me.if there is any law in my favour for saving my job kindly provide me the citation.thank you
Yogesh
04 July 2014 at 15:22
The given below is text from HANDBOOK FOR BLO issued by ECI, New Delhi.
Under Section 13B (2) of Representation of People Act, 1950,BLOs are appointed from amongst the officers of the Govt. /Semi Govt. /Local Bodies. Generally,one BLO is responsible for one part of the electoral roll. The DEOs in consultation with the EROs of the Assembly Constituency
(AC)appoint the BLOs. Following is a list of categories of the Govt/Semi Govt employees who can be appointed as BLO:-
1. Teachers
2.Anganwadi workers,
3.Patwari/Amin/Lekhpal,
4.Panchayat Secretary,
5.Village Level Workers,
6.Electricity Bill Readers,
7.Postman,
8.Auxiliary Nurses & Mid-wives,
9.Health workers,
10.Mid-day meal workers,
11.Contract teachers,
12.Corporation Tax Collectors, and
13.Clerical Staff in Urban area (UDC/LDC etc.)
BLOs would continue to discharge the responsibilities assigned
to them by their parent offices and would remain generally under the control of their administrative department, but they would not be transferred without prior permission of the DEO.
ISSUE :
one employee (post-Messenger Boy) of my organization which is an autonomous body funded by State Govt and ICAR has been working at the office of District Transport Officer from past 3 years.
He has not attended a single day at his parent office and drawing monthly salary as well.
Every month letter is issued by DTO that his services has been extended by one more month in connection with election/pension related work.
Q1. Can he be legally retained year after whereas most of the BLO relieved from election duty after MAY month.
Q2. As the employee is messenger boy can he be rightfully appointed BLO or given election duty related work?
The fact is employee himself also do not want to come back at his parent office because he is enjoying and perhaps making money at outside department.
Chinubhai kashibhai Patel
04 July 2014 at 10:36
SIR
MY SON IS 62 a B Com from 1974 batch, now
WISHES TO JOIN COLLEGE SINCE 2009 but ALL
COLLEGES IN AHMEDABAD GUJARAT STATE
REFUSES TO ADMIT HIM SAYING THE AGE LIMIT
IS NOW 35 YEARS.
SHOULD THERE BE AN AGE LIMIT TO LEARN
AND PRATICE LAW FOR A BORN CITIZEN OF
INDIA ? PLEASE GUIDE WHERE SHOULD HE GO
amitkumarrealtor@gmail.com. 9898388509
govind mittal
03 July 2014 at 17:33
in a case I witness a judge of highcourt c.g. give anticipatory bail in 498a case. the respondent have strong objections which the judge neglects. 1. the strong case where all the accused facing strong and specific allegation. 2 judge not give importance to m l c report. 3. witness included collector, csp, sp 4. police only apply 498a where many of allegation such as froud,420,criminal conspirency are in fir.even after 3 months filing fir all accussed are in not hands of police when the police station is only 100 mtr far from place. many of advocate who see the order of anticipatory bail said this is a planed decision. my question is if the judiciary does this type of thing what the people have to do ? if any system made by supreme court to watch all this ? to prevent corruption in judiciary . are to file complaint is the only way ? if yes what we have to do ?
kalavathy
02 July 2014 at 23:24
respected sir
I am a teacher. last year I was dismissed from service. asper legal provision i have gone for appeal to cbse board. as per provisions of cbse byelaw (central board of secondary education) a 5 member appeal committee has to be formed. 3 members from school and one member from cbse board (as a advisor) and one more member from outside school. but cbse for th period of one year didnot form the committee. I approached the court and court ordered them to finish the appeal within three weeks. they also did the same
My question is
cbse board is a autonomous body comes under ministry of human resource. cbse officer is a govt officer. as per cca rules appeal has to be completed withn 3 months. but it was not completed. school was in possession of my original certificates .
in the court i appeared as party in person and requesed judge to order the school to give back my certificates. judge ordered the school to give my certificates. school also did the same.
1. can i file writ under sec166of ipc against the govt officer for not discharging his duties and ask for compensation
2. for holding my certificates after my dismissal can i ask for compensation . is it a criminal offence
Damayanti
29 June 2014 at 20:22
In the writ Petition under Art 226 to redress the fatal breach of fundamental rights (Art 21 and 14) by the state functionary and also judiciary, .... Is it allowed to demand the damages and compensation for the injury caused and harm to physical and mental trauma psychological injuries etc.??
OR
Would the HC ask the petitioner to file civil suit for damages?
Is it proper for HC to say that HC would only deal with breach of FR and damages should be dealt by the civil court?
rajangam.m
27 June 2014 at 14:47
Dear all ,
My client (people welfare socity) get permission to eruct one freedom fighter statue from govt authorities but now they changed their mind and with the help of one third party trying to get stay order for not to open statue before High court of madras.In this reg shall I file caveat petition? somebody told me that caveat not maintable for this issue, if not what is the other remedy pl gude me.
mandava srinivas
24 June 2014 at 20:36
Dear sir
I completed my education away from my home in march of this year.after returning home I applied for passport, I gave my house adress as permanent address and present address.later during police verification, d officer was very strick and he gave a adverse report and I got a scn frm passport office asking for explanation.wat am I supposed to give as explanation.police officer says to submit a letter frm college as proof of study, will it be sufficient?Do I need to attend personally r reply by post
Khumana Ram Jangid
24 June 2014 at 19:50
The Governor of Rajasthan, in exercise of powers under proviso to Article 309 of the Constitution, has promulgated a rule to the effect that no person who has more than two children on or after 01.06.2002, shall be eligible for appointment to any post under the State.
Article 16 cl. (1) of the Constitution mandates that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. None of the various clauses of Art. 16 permits disqualification for appointment on the basis of number of children a citizen has.
Cl. (2) of Art. 13 provides that the State shall not make any law which takes away or abridges any fundamental right and any law made in contravention of this clause shall, to the extent of contravention, be void. Undisputedly, Governor is "State" and rule made under the proviso to Art. 309 is law within the meaning of clause(3) of Art. 309.
Is the rule constitutionally valid?
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Can psu deny noc to sc/st candidates
i am working in A CPSU in Supervisor Cadre and at the time of joining i had signed a bond with this organization to work with them for 4 years. now i had passed ICWA and on the basis of this i had appeared for written test in another PSU in Executive cadre and for applying to this post i asked NOC from my company but they refused to give it now i have cleared the written test nd my interview is due. i belong to SC category and i again asked my company to review my application and to give me NOC as i am applying for a higher grade position, and that too in a PSU. but again they refused. so i want to know can they deny a SC/ST candidate to give NOC to appear for interview in other PSU. they are telling me that you are in bond period and we do not give NOC in bond period. I am ready to pay Bond amount if got selected but still they are refusing. kindly help me and provide me any case law if available.