Anonymous
04 February 2011 at 19:42
I myself Dipak P. Mehta Assistant given below the details for your information and record.
Name: - DIPAK P MEHTA (Revoked my Suspension from 24-11-2010)
1) Date of Suspension - 28-06-1989
2) Date of the Judgment by Hon'ble Chief Judge, Chief Court Vadodara 13-01-1998 in favour of me.
3) Date of Criminal Appeal filed before The Hon’ble High Court by the
Department against the Chief Court Order vide Appeal No 177/1999 & 178/1999.
4) Date of Departmental Enquiry held against on me – 03-10-2001vide
EnquiryNo.10/2001, as in the departmental enquiry the charges are same on me which is in Criminal Case as well as in High Court Appeal.
5) Date of Hon’ble High Court had passed the Order and dismissed the Criminal Appeal Filed by the Department –Appeal No. 177/1999 and 178/1999 against Chief Court Vadodara Order. On - 30-10-2009
6) In Departmental Enquiry No. 10/2001 before the Hon'ble District Judge, Vadodara had issued the final order on 24-11-10 that:-
(a) The penalty of stoppage of 3 increments with future effect is ordered to be imposed upon the delinquent Mr. Mehta
(b) The Suspension of Mr. Mehta is revoked. He is reinstated in the service on the same post and posted in Small Cause Court Vadodara. Mr. Mehta from 28-06-1989 till this order shall be treated on duty for the purpose of qualifying service and pension only.
(c) The Order regarding Pay and Allowance during the suspension period of delinquent Mr. Mehta shall be passed after hearing Mr. Mehta Accordingly, notice be issued to him for this regard.
On 03-01-2011 the Honourable District Judge had issued the Notice for hearing on 10-01-2011 regarding Pay and Allowance during the suspension period of Mr Mehta.
On 10-01-2011 the Hon’ble District Judge had passed the order as per below:-
(a) The Pay and Allowances during the period of suspension of the delinquent Mr. Mehta Assistant shall not be paid to him.
(b) However the subsistence allowance paid to the delinquent Mr. Mehta Assistant during the above said period of suspension is not to be recovered from him
(c) The period of suspension of the delinquent Mr. Mehta should be treated as Extra Ordinary Leave.
The Hon’ble District Judge had also admitted in order that from 28-06-89 till this order it is treated on duty for the purpose of service and pension. And again vide Office Order No. 07/2011 dated 10-01-11, suspension period treated as Extra Ordinary Leave.
Due to this type of Order I am having a great loss in my salary fixation.
I had already suffered punishment for 21 years during my suspension period by mentally and economically.
As Hon’ble District Judge were also consider in departmental enquiry order that I am only the bread winner of my family consisting old aged mother, abnormal sister, wife and young daughter.
Lastly I draw your kind attention that in Departmental Enquiry the Enquiry Officer/ Presenting Officer had not examined the Hand Writing Expert which is the main witness of this Departmental Enquiry and in the written submission and at the time of personal hearing which was held on 24-09-2010 before the Disciplinary Authority and Principal District Judge Vadodara my learned advocate Shri S. Barkat had also draw kind attention to Hon’ble District Judge Vadodara.
I had filed an appeal against the orders of District Judge Vadodara before Gujarat High Court Ahmedabad under Gujarat Civil Service Rules 1971.
Latest news is GUJARAT HIGH COURT IS FILED SUE MOTU APPEAL AGAINST ME. PLEASE ADVICE IN DETAILED THAT WHAT CAN DO FOR THE SAME.....
I want to know that if there is any supreme court or High Court judgements indicated that the pay and allowance during the suspension period will be admissible to me. Please advice me in this regard and obllge. Thanks
Anonymous
04 February 2011 at 18:12
Need to know if the ESI Act is applicable to banks (public and private). Pl help.
Anonymous
04 February 2011 at 16:52
FACT OF THE CASE:- Mrs. A got her appointment letter on 30.11.2010. under National Rural Health Mission (NRHM).On 03/12/2010 she gave her joining report to concerned D.M.O(District Medical Officer) of the posting place. After that she absence her duty for 17 th days for attending her final year examination,which she had informed to th executing head of NRHM program in district.i.e. DRCHO.As she did not applied for any written leave though she verbally informed the DRCHO,The D.M.O. deducted her salary for the days which she absence.
Q-
1-What is legal validity of above deduction of salary i.e.which law and rule governed the deduction of salary of CONTRACT EMPLOYEE.
2-How the process of deduction is carried out i.e if I absence the duty for 20 days continuously, will I get the salary for the SUNDAY,SATURDAY and OTHERS OFFICIALLY DECLARED HOLIDAY that felled in between my absence days???.OR I will be denied to salary for full twenty absence days.???
3- What is legal entity of CONTRACT EMPLOYEE under programmed like NRHM,SSA by government.
Anonymous
04 February 2011 at 15:42
permanent teachers of cbse affiated schools converted to contractual appintsments - threat of dismissals
dear sir,
we are 17 permanent teachers of a school affliated to the cbse board from 1998 .
suddenly we were converted into contractual appointment from 2007 and foolishly we, being afraid of the management signed the contractual appoiintment.
now they condduct screening test every year for which we appear and we are routinely extended the contractual appointment as we appear for screening test and are afraid of the management which through notice threatens us with dismissal if we do not appear for the yearly screening test.
our pay scale has been altered and our emoluments have been increased by about rs 200 per head.
our Provident Fund is deducted for over 3 years and was not sent to Provident Fund office and returned to us a few months back.
we have filed a writ in lko high court against the college for grross violatiosn of our service rules and not implementing govt cbse grades in the advertisement.
they have asked us to appear for a screening test on feb 5 which we propose to attend
our query
1. can we be dismissed ?
2. should we attend screening test on feb 5
3. if not what shoud we write to management
17 teachers of police modern school gomtinagar lko
feb 4,2011
vinaykala
04 February 2011 at 15:40
permanent teachers of cbse affiated schools converted to contractual appintsments - threat of dismissals
dear sir,
we are 17 permanent teachers of a school affliated to the cbse board from 1998 .
suddenly we were converted into contractual appointment from 2007 and foolishly we, being afraid of the management signed the contractual appoiintment.
now they condduct screening test every year for which we appear and we are routinely extended the contractual appointment as we appear for screening test and are afraid of the management which through notice threatens us with dismissal if we do not appear for the yearly screening test.
our pay scale has been altered and our emoluments have been increased by about rs 200 per head.
our Provident Fund is deducted for over 3 years and was not sent to Provident Fund office and returned to us a few months back.
we have filed a writ in lko high court against the college for grross violatiosn of our service rules and not implementing govt cbse grades in the advertisement.
they have asked us to appear for a screening test on feb 5 which we propose to attend
our query
1. can we be dismissed ?
2. should we attend screening test on feb 5
3. if not what shoud we write to management
17 teachers of police modern school gomtinagar lko
feb 4,2011
shalinee
04 February 2011 at 15:37
My brother was working in a pvt co from last one year on probation and now he has resigned after serving 7 days notice period as per the only clause mentioned in his appointment letter and joined new co from 1st feb 2011 .Now current emloyer is asking for the relieving letter issued by his previous employer to fulfil the condition of his joining.the problem is now his previous employers are not co operating and are not providing him his releaving letter on time that can make him loose his present opprtunity and becoming unemployed. shooting numerous mails for help earned no response ,he wrote to the head of the co and now getting threatened .pls make me understand my legal point and what cld be done best.
warm regards,
shalinee srivastava
RAJESH
04 February 2011 at 15:12
CHRONOLOGY OF THE CASE
14/1/08 To 29/2/08 Chandigarh Housing Board (CHB) launched a housing scheme for UT employees. Scheme provided for the 4 categories of flat (3 BR/2BR/1BR/1R)
An employee was eligible according to his group (A/B/C/D) as per service rules. (PARA II (b) of the scheme).
Group A employee was eligible for 3BR flat, Group B employee was eligible for 2BR flat and so on.
11/6/2009 Chandigarh Admn issued a notification to Adopt the Punjab Govt.
Notified rules called “Punjab Civil Servises Rules (Revised Pay) Rules, 2009” with immediate effect. However arrears were paid retrospectively w.e.f 01/01/2006. (Para 2 & Rule 8 of the Notification No. 7000/1/2-F&PO(7)-2009/4029)
07/07/2009 Chandigarh Admn. Issued a notification No.34/55-IH(7)-2009/13073 for adopting the criteria for classification of post as contained in Punjab Civil Servises Rules (Revised Pay) Rules, 2009” with immediate effect.
Sept.,2009 Mr. Shiv Kumar Joshi who belongs to Group C filed a writ petition (15111/2009 through Mr. Puneet Bali) seeking to upgrade their eligibility from 1BR flat to 2BR flat because their scales as been revised retrospectively w.e.f 01/01/2006 and the corresponding grouping (A/B/C/D) should also be made applicable from that date instead of 7/7/2009. and they should be allowed to be included in list of applicants of B category flats .
Oct. 26,2010 Another person belonging to Group C (Sukhraj Singh ) filed the same writ (19175/2010 through Mr. Puneet Bali). In which Justice Surya Kant transfered that writ to other bench and finally on 29/10 Justice Ranjit singh referred to the order passed in case of Shive Kumar Joshi and issued notice of motion for 01/03/2011
Oct. 28, 2010 Justice Surya Kant gave the interim relief to Mr. Joshi, directed the CHB to consider the employees who are interested and have become eligible from Group C to Group B category flats on account of retrospective revision of pay scales w.e.f 01/01/2006 shall be included provisionally in the draw of lots against Group B flats without prejudice to their rights for the inclusion of their names in Group C category flats in the event of non acceptance of their claim by this court.
Nov.4,2010 Draw of lots held with following position in case of B category across all categories viz Gen/ SC/OBC/PH etc
Original B category employees Group C employees considered provisionally
Successful Waiting Successful Waiting
79 29 89 54
Some of them who transferred from Group C even do not fall in criteria mentioned in interim order
Mr. Shiv Kumar Joshi who filed the above said 1st writ got successful in C category and is expected to take withdraw his writ.
Mr. Sukhraj Singh got successful in category B
I beling to Group B originally figured in waiting list at no 40 and affected due to Group C people considered in draw of lots provisionally in our group B
Please provide solution to throw the group C people out of our group
Nimisha Pankaj
04 February 2011 at 11:31
There is a case in my office regarding the calculation gratuity. An emplyee was working as substitute worker for 8 years and then was made permanent without any break of service for another 10 yrs(Total service period = 18 yrs.) Now the employee is retiring on 28/02/2011 after completing 18 yrs. of service both 8 yrs as substitute and 10 yrs as permanent status. My question is how many year will be taken for the calculation of gratuity? Will it be 10 yrs or 18 yrs ?
Pls clarify.
Rgds,
Nimisha Pankaj
Anonymous
03 February 2011 at 22:56
sir, i hav an question we put a case in high court against d govt edu. department, but they didnt come anytime(4 times) from d 1st date regulary in the court and they didnt giving any reply also, what we will do in this situation, can judges give any judgment in our favour on their this dirty behavior if yes then plz tell me what?
sorry for my bad english....
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Copy of stay order
Can any body provide me copy of the order dated 6-12-2010 passed in petition of Ideal Private School Association Vs ESI Corporation stay the applicability of ESI Act in Educational institutions.