Manoj Deka
16 July 2012 at 23:10
Dear Sir,
please inform if Govt. officer does not follow rules regulations & statutory provision what action can be taken against those officers by an ordinary citizen of India.
Thanking you in anticipation
sreejesh malayan valapil
16 July 2012 at 15:28
dear sir,
my father was died in 14-01-2008, yet not claimed for the service job, due to the family issues. can i claim now, is it had have any validity for the application for the compensation job. give me clear cut answer for the bsnl organization. if it can't can i have any excuses for the same.
sreejesh m.v.
+918754741444
Victim
16 July 2012 at 13:44
Hi, my friend after serving 7 yrs with a company has signed an agreement/bond on stamp paper last year with his employer that he will not move to any other company dealing in same business for atleast 2 yrs or will start his own business related to that being dealt by company. IF he breaches this condition, he has been asked to pay compensation to company which is around 30times his monthly salary. As he has experience of same profile from last 15 yrs he can't even think of changing his profile now. Moreover, his initial notice period term was of 1 month but same has been now changed to 2 months in this agreement. But now, situations in organization are such that he can't continue with his employer anymore.
So, kindly suggest whether such bonds/agreement are valid in India? If yes, what else option he has so that he may leave his current job and move to other employer in same industry.
Binayak Acharya
15 July 2012 at 13:31
Dear Experts,
Subject : Implimentation of Reform act
Message :
Sir, Referring to Gridco Service Transfer Scheme 1996, 19th Board of Director meeting dated 29/07/1997, Orissa Electricity Reform Act of 1998, 8th HRD Committee held on 06/01/99,53rd Board of Directors meeting held on dated 18/09/2000, the 64th Board of Directors meeting held on 02/06/2002, the applications against anomalies on fitment to higher pay as sought to be considered by the authority against implementation of seniority list of General Telecom Cadre was disposed without giving due weightage over their seniority. The fact that the reform act was aiming to ameliorate the stagnation of promotion in different the cadre ,particularly with Talcher Thermal Cadre,because they have already faced a reform.(there was no structre of promotion or further fitment for those to be agrieved ) We 17 Engineers ,under Telecom General Cadre were deprived of getting the benifit against 3 juniors ( because they were just compliting the one time mileage of 8 years as on 31/03/97,but are not under Orissa Public Service Commission service,hence not under seniority but adhoc appointed and regularised by cabinet approval ) because the 64th Board of directors meeting rejected our representation under saying of "a wrong decision taken earlier cannot be a precedent and if required the legalitiy of the earlier decision of the fitment principles can be reviewed and appropriate decision could be taken to set right any act which is wrong and not correct". Can you move to the court to correct the implimentation of above wrong act and hence get the benifit of fitment with effect from date of complition of 8 years service(falling short of few months to two years as on 31/03/97 to 8 years) Please advice Thanks Binayak Acharya,Assistant Engineer since joining of 21/10/1989.
Please advice the directions details that high court shall pass , so that mistake implimentation by company goes with 18 % intrest from 1997 .
sahil
14 July 2012 at 22:19
Sir,
I am working in Public Sector Bank for 2 years. A FIR was lodged against me in 2008 under section ipc 420 for a fraud. But later on after 6 months FIR was closed as compromised was done with the other party.If bank comes to know about this thing now, will bank can be able to discharge me from job ?
Thanks
RAJU
14 July 2012 at 21:21
Sir,Good evening,
My query regarding;- Qualifying/eligibility for Panel & Promotion on Passing departmental Test
Brief facts are,
1)I have joined in AP Forest service in 01-04-1993 and Passed two departmental tests in 1995-96 which are required for further release of increments and for clearance of probation period.
2)I had been Dismissed from service in May/2007for being convicted by Lower court in ACB case and subsequently the Govt reinstated me in to service after acquittal by High Court,on 04-08-2011 with dropping of all further action while, superseding the earlier dismissal Govt order and further Govt of AP decided not to go further appeal./SLP against me.
2) After I have taken over charge on 04-08-2011 of Duty, DPC(Departmental Promotion Committee) has given promotions on 29-08-2011 for Pannel year of 2010-11 to my immediate seniors and also to my juniors who are below in seniority list. where as my name was not included by the time of DPC.
3) I have written remaining two Departmental Test in Dec/2011(the immediate exam after my reinstatement) and results were given in 01/2012, and I have passed the tests.
4) I appealed to my HOD Forests, for inclusion my name in seniority list and for retrospective promotion, in the month of Feb/2012, as I am eligible for promotion as per AP Subordinate service rules 1996.and AP State Forests Service rules, by constituting e review DPC. Later on
5) my probation was declared in june/2012 with retrospective date of 01-10-1997(though declaration of probation was deemed to be done after completion of prescribed service of 4 years as per service rules) .
Here I would like to bring your notice the rule Positions for Promotions
AP Sub ordinate service rules 1996-
6. METHOD OF PREPARATION OF PANELS:- (a) The panel of approved candidates referred to in sub-rule (a) of rule – 5 shall be prepared by the appointing authority or any other authority empowered in this behalf, in consultation with, the Departmental Promotion Committee in respect of posts outside the purview of the Andhra Pradesh Public Service Commission and Screening Committee in respect of the posts within the purview of the Andhra Pradesh Public Service Commission to recommend the names to the Commission. The appointing authority shall make appointments of candidates from such panel/list, in the order in which the candidates in such panel are arranged in their order of preference.
(b) The panel of candidates for appointment by transfer to a service or a class of service in any case, where the Commission is not consulted on the suitability of candidate for such appointment under sub-clause (b) of Clause (3) of Article 320 of the Constitution of India or for promotion, shall be prepared ordinarily during the month of September every year on the basis of estimate of vacancies sent in terms of sub-rule (d). First September of the year shall be reckoned as the qualifying date to determine the eligibility of a candidate for such appointment, which shall cease to be inforce on the afternoon of the 31st December of the succeeding year or till the next panel is prepared whichever is earlier and for the purpose of preparing the said panel, the zone of consideration shall be in the ratio of 1:3. The period from 1st September of the year to the 31st August of the succeeding year shall be reckoned for purpose of determining the number of vacancies during the panel:
Provided that for promotion in respect of Scheduled Caste and Scheduled Tribe candidates only, the zone of consideration in the ratio of 1:3, shall not be applicable in respect of posts whose total cadre strength is more than five.
(Amended in G.O. Ms. No. 123, G.A. (Ser-D) Dept., dt: 19.4.2003)
Provided further that if the number of candidates to be included in the panel falls short of the number of vacancies estimated such shortfall shall be made good by considering the claims of the other qualified and eligible candidates, if any, in the seniority list place immediately below.
Provided also that the panel of candidates so prepared shall be reviewed after a period of six months reckoned from the date of approval of the panel, for the purpose of considering the cases of such other persons whose names were not included in the panel prepared earlier for not passing the prescribed tests or for not having special qualifications prescribed under the rules, if they have subsequently passed those tests or acquired the said qualifications and are otherwise found suitable for inclusion in the panel of the year. No such review of list of approved candidates shall, however, be undertaken where no tests or special qualifications are prescribed under the rules as condition precedent for promotion or appointment by transfer:
Here I further note that for the term “if they have subsequently passed those tests” the Govt has given a clarification vide a Govt Memo no 29114/Ser D/99-3 GA in 25-06-1999 as
“ the employees who appeared for the tests before 1St Septmber of the Year, which is qualifying date for the panel year and whose results were published subsequent to the qualifying date shall be considered as eligible by DPC,if DPC had already taken place, such cases must be placed before review DPC for review “ But,
Later as per AP Adminstrative Tribunal observations in a Judgment in ordered dt 28-02-2005 in OA No 3957/04 of a similar case has observed as …“the statutory rule 6(b) … this proviso has been incorporated in the rule only to provide a chance to those persons who are not included in the panel taking 1st Sep as Cut-off date, because of their not passing requisite test…and it is only for those who passed later, such provision is meant..Tehrefore the memo issued by the GAD, is not by way of supplementing or clarifying the provisio to the Rule6(b),but rather it has also altogether a different concept, which has been devised …These executive instructions issued in the above memo dt 29-11-1999 cannot alter the basic statutory rule, thus it is not in consonance of the statutory Provision,”
The Govt after examining the entire issue, have cancelled the said Memo issued on 25-06-199 by issuing the another memo from GAD 20606/Ser D/2007 on dt 25-10-2007.
But my HOD written to Govt, while observing as “if we give promotion in this case, such cases may arise in plenty in future hence clarify further..”
Sir, as per the above Details provided please give an opinion, whether as per Rules, am I eligible for the promotion in the said panel or not, if Govt says no! what remedy for me?
Thank you,
Vallala
Jayaprekash Pillai
14 July 2012 at 20:03
I joined Indian oil corpn ltd (marketing Division)in 1989 may 5th as Jr.chargeman Grade III.I got a grade promotions during the year 1994 as grade IV and grade V in the year 2002 and grade VI in the year 2006.
Internal candidates are eligible for A grade officer promotion on completion of three years in grade VI and only after interview and PC quiz these candidates will be selected
There are two channels for promotion, one merit cum seniority and the other is seniority cum merit (no clarification on the difference between two)
Minimum eligibility is:-1.marks for edu.qualification,SSLC &above(preference will be given for Graduates&above)
2.Field experience will get grace mark
3. 2 marks will be for PC quiz
4.number of years of service will get marks.
5. annual appraisal report is considered for marks
6.25 marks are desecration mark for interview board
My case:I am qualified as MA & MBA I have 6 years of service in this grade.
I have field experience.I performed PC quiz very well.
I have been attending the interview for the last three years.Each and every time the interview board is deliberately giving me less marks so that I could not get this "A grade officer promotion(Three years main person in interview board was same)
My query is : To whom I give complaint for this matter or I shall directly approach court? if so which court?
How do I know about my marks and other's mark?
Number of vacancies are not publishing along with notification.what is the remedy for that?
No qualified persons panel is prepared after interview.How do I know what is the ranking order for me?
if anybody ask, they will simply say NO vacancy this year.
IOC having a policy that internal recruitment and open recruitment shall be 50:50 ratio. but all the time this policy will be violated.
Kindly give me legal opinion on this matter to get equal justice in this matter
N VADIVEL
14 July 2012 at 19:49
Dear sir,
Recently (11/07/12)the results Assistant professor for government engg colleges of Tamilnadu Govt published but they have not list any disabled candidates for that post as shown in adverdisement at the same For the post of Asst.educational officer one post given out of 34 posts, So for 154 posts it should be 5, Herewith I enclose the details please read and help me , please visit trb.tn.gov.in for all details
Shamshuddin
14 July 2012 at 18:32
Dear sirs,
I was working in Revenue Department of Karnataka State as Village Accountant since 2004. Recently in the month of Janaury I was selected to Pragathi Gramin Bank (a regional Rural Bank-Under GoI). Upon being selected there i submitted my resignation to Deputy Commissioner (via Tahsildar). After two months i was not satisfied with my work at bank so i thought of coming back to my previous department. But, i learned that my resignation was accepted on 1st of Feb. Revenue department has not served my resignation accepted copy till date.
Is there any way through which i can come back to my previous post. what if i approach KAT (Karnataka Administrative Tribunal) and submit an application in this regard. Will my application be accepted under the provisions of KAT Rules 1958 Rule 19.
I have even read that i have to approach the tribunal well withing 6 months from the date of order. If it is true i have only 15days left.
Please help me in this regard..
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Not geting salary.
respected sir's,
i am working in pvt ltd company as a genral manager since two and half years,as head office at vijayawada.
a.they have not given any appointment order.
b.but they are paying the salary through bank.
c.in the month of april-12 i become sick and came to hyderabad since my family at hyd.
d.in the month of april last week the m.d asked me to work at hyd only to establish the expansion of the old business.
e.in the month of may my self and m.d went to the delhi and came back on same business.
f.the m.d asked me to submit the business plan of the hyd market ,i have submited in the month of may it self.
g.than on wards when ever i call him about this he is postponing on one or other ground.at the same time he is asking me to stay at hyd only.
h.on 7th july i send a letter asking about the future plans or alternate assignment and my salary,no response what to do.kindly advise me how i can get back my salary.
h.they have given g.p.a.with all the powers regarding execution of works ,this is another proof.
i.advise me for further course of action to come out from this humiliation by geting back of my salary till date.