C H MAHADEVAN
17 October 2013 at 16:32
27 petitioners had filed a writ petition in Jaipur Bench of Rajasthan High Court for removal of Dearness Relief anomalies and upgradation of pension. The Single judge Bench gave an order in favour of the petitioners on 12/1/2010.The LIC of India appealed to the Division Bench which was also dismissed on 21/1/2011.The LIC of India filed SLP (c)(CC)Nos 16755-16758 against the Division Bench judgment in the Supreme Court for condonation of delay and grant of leave. The Supreme Court on 30/9/2013 condoned the delay and granted leave but stating that there will be no stay on the judgment of Jaipur Single Bench dt 12/1/2010.The single judge Bench order of Jaipur Bench is attached .
Now,what are the obligations of the LIC arising out of the SLP?Should the LIC pay the benefits to the 27 petitioners only or all pensionewrs can claim payment of benefits in rem?The observations of the judge in the last para mentioning'pensioners' and not petitioners may be noted.A pending contempt petition against senior officials of LIC filed by the petitioners is also coming up for hearing on 22nd inst at Jaipur.
C H Mahadevan
Hyderabad
salil
17 October 2013 at 02:33
will i get security deposit if i have been fired by company?
Can i get interest on security deposit?
jagadish paranjape
16 October 2013 at 12:15
Workman suspended pending enquiry.Settlement between employer and union,which is given retrospective effect.Should the workman get the benefit of it?
Arindam Bhaumik
15 October 2013 at 23:24
I have joined a autonomous institute of the Government of India as a Group A officer by recruitment through selection by UPSC and which follows FR & SR rules, GOI, in matters of fixation of pay.The present scale of pay is 15600-39100 with GP 5400.Prior to joining this organisation, I was employed with another autonomous body of the GOI, in scale of pay 15600-39100 with GP 6600.My last drawn pay in pay band was Rs.22730, GP Rs6600, DA Rs.23464 along with other allowances,gross salary being Rs.67353.00. I have now applied for protection of pay in my present org. under DOP&T's O.M. No.12/1/96-Estt. (Pay I) dated 10.7.1998,No.1213/2009-Pay-I dated 30th March,2010 since my present employer had stated that pay will be fixed as per GOI FR&SR rules.I had submitted technical resignation for getting relieved to join my present post.
May the experts provide their valuable opinion on the admissibility of pay protection under the said OMs and if the matter is kept in abeyance for a long period of time (say a year)without passing any order in the context of my appeal, what should be the recourse available to me.
DR K DHAMODHARAN
15 October 2013 at 22:37
I am working as PSU employee. I am a qualified Lawyer with LLB qualification. I am also serving as President of Labour welfare society registered under the societies Registration Act 1975. My question is Can I appear on behalf of an affected employee in Labour Court as President of the registered Labour Welfare society ? The affected person is serving in Government of Tamilnadu and was awarded Punishment for the certain charges for which a suit is to be filed in the Labour court? Kindly clarify my doubt- K DHAMODHARN M.A., LLB
sekar
15 October 2013 at 16:38
I worked for total 6+years. I was sanctioned leave without pay for about 23 months.Under gratuity Act 5 years continuous service is necy. Does leave without pay count for continuous service.Then, am I eligible to get gratuity @15 days per year??In gratuity is DA and HRA counted?
pl advise. thanks.
ahmed khateeb
14 October 2013 at 18:53
respected sir,
i am a central government employee since 2009. in the year 2011 i applied for railway job but i did not inform my department about that and N.O.C. was not taken by me.
now in the year 2013 i am selected for the post i applied for. now i inform my department about my selection they refuse to give me N.O.C.
What will i do now?
should i resign?
ishwar
13 October 2013 at 10:40
Dear Sir,
In 2011 december Andhra Pradesh Public Service Commission released a notification for Group - 1 services exam. I am an aspirant of group - 1 services of Andhra Pradesh Public Service Commission(APPSC). In May - 2011, APPSC conducted preliminary exmination (objective in nature) for group-1 services exam in which a total of 16000 members filtered for Mains exam out of 1,80,000 of total aspirants appeared for the exam.
After preliminary filteration some candidates went to APAT saying that there are 13 wrong answers in the preliminary examination key published by Appsc. When it went to APPSC notice, it appointed an expert commitee to revise the key objections filed by those aspirants. After careful analysis Expert commitee advised appsc to correct 7 answers out of 13 mentioned by those aspirants. Appsc accepted the suggestions made by expert commitee and altered the Mains selection list(Preliminary cleared aspirants list) as per the new key.
With this revised new list AP Public service commission went ahead and conducted Mains (Descripttive) exam for those 16000(Approximately) and shortlisted 606 candidates for interview. In February and March 2013 APPSC conducted interviews for those 606 candidates and ready to release the final merit list for the 314 posts.
In the mean time the aspirants who were filed the petition earlier went to Andhra Pradesh Administrative Tribunal ( APAT ) and asked it to direct APPSC to revise the remaining 6 bits (13 - 7 mentioned above) also and stop the process. But APAT refused to direct Appsc to stop the process. Instead APAT directed APPSC to continue the selection process but should not release final merit list until the final judgement.
After some hearings APAT ordered APPSC to appoint another expert commitee to look into the 6bits. After indepth anlysis The expert commitee advised Appsc to remove 2 bits to avoid ambiguity as they have more than one correct answers and no objections for 4bits.
But the aspirants went to High court saying that they cant believe the expert commitee report as it was appointed by APPSC itself. Then highcourt ordered UPSC to look into this matter and submit its report within one month.
As they questioned the genunity of Appsc and its expert commitee and delaying the selection process, Appsc filed Special Leave Petition in Supreme Court to vacate the stay order given by AP High Court.
After careful analysis The Honerable Supreme court Bench comprised of Honerable Justices Mr. Chalameswar Sir and Mr. Gokale Sir announced the judgement by ordering APPSC to delete all the six bits which are ambigious and reprepare the mains selection list and reconduct the entire mains exam once again to all 16000aspirants.
But the fact is, even after repreparing the list after deleting the 6 bits also....99% of the candidates who wrote earlier will be also in the new list and have to write Mains exam (Total of 6 discripttive papers) once again.
[As I am one of the 606 candidates who sucussfully cleared Preliminary - Mains - Interview stages.....i know how hard it is to prepare for these stages. If remains conducted all of us loose almost 2 years of time which was dedicated for this preparation and confidence also. In the entire process we did not have neither a role nor did a mistake. Why because the entire selection process is under the control of APPSC. But still we were the loosers and has to write the exam once again and nothing will happen to those professor who prepared the wrong key and Appsc officials who conducted the exams based on such a key]
As per some legal experts APPSC did some blunders and missed some key points in filing its counter.
They are......
1). Expert comittee suggested only 2 bits out of 6 are ambigious and can be deleated. If Appsc deletes those only 3 members out of 16000 will be effected.
2). If it deletes all the 6 bits then a total of 200-300 candidates will be effected out of 16000 candidates who already wrote mains exam.
3). Apart from these technicalities, the present AP law and order situation does not permit any state level exam conduction (AP TET, DSC, ALL University entrance Tests...etc were cancelled already) because of ANDHRA - Telamgana Bifurcation issue. So APPSC cannot conduct Re Mains to all the candidates.
respected Sirs,
My questions are....
1). Can we file a review petition again in SC by taking all this issues to Honerable Justice's Mr. Chalameswar sir and Mr. Gokale sirs....
2). is there any chance to accept this review petition on the above said grounds.....
3). If accepted, in which way can we argue to avoid remains as there is no single mistake on our part....
4). If possible please guess the possible out come judgement ......
Thank you sirs...please give your valuable advice as early as possible....
brij lal
12 October 2013 at 10:53
sir, if a person is charge sheeted in a case (though he is sure of acquittal) but he clear the competitive exam, does his being charge sheet in a court of law,disqualify him from getting the job.
their is no particular specification in the advertisement, but in the declaration it is mentioned that the candidate should not have any charge sheet pending.
if the person is rejected on this ground can he contest this in a court of law.
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