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Anonymous   30 March 2010 at 15:01

Huge injustice

A person joined as Scientist C in Council Of Scientific & Industrial Research (CSIR) in July 1979. His timely due assessments were not held due to his wrong group placement which, CSIR agreed to be wrong action and as mistake committed! So CSIR rectified the mistake as late as May, 2000 and issued an order to get him assessed retrospectively!

Due to official delaying techniques (as is evident from the dates shown), he got one assessment (Scientist EI) in May, 2002 (first chance) w.e.f July 1985 and second assessment (Scientist E II) on Sept, 2003 (second chance) w.e.f July 1991 instead of 1990. Now the third assessment (Scientist F)due to him w.e.f July 1998, is pending for want of fixing date for third chance since in first two chances of third assessment (Scientist F) (due w.e.f 1996 & 1997) he was not recommended promotion on 06.10.2005 and 06.08.2007; making just a mockery assessment itself for the work done two decades back seemingly all intentional! Now since then, third chance for third assessment Scientist F)is being perused with CSIR and even recently through RTI application (since no reply was avaiable for the numerous representations)CSIR communicated that it is still pending for want of constituting assessment committee not mentioning the reason and time for which it is to be kept pending! The person wonders as to when he would be assessed for the fourth (Scientist G)and fifth assessment (Scientist H) promotion due to him w.e.f July 2003 and July 2008 since, his superannuation is due in July 2010!!!???

CSIR has never bothered to show any concern for the person by way of speeding up the cases of assessments in view of its putting the person in wrong group affecting the person service career deleteriously. In turn developing life long acute problems for providing effective scietifiuc output, creating mental, social and family agonies for no intentional fault of his!!!

"JUSTICE DELAYED IS JUSTICE DENIED" SEEMS TO FIT WELL IN THE CASE OF THIS DEJECTD PERSON!

Therefore, all the Legal Experts are humbly requested to suggest and guide him through me:

1. What best the person should do to get the legal justice? Is it not one's fundamental right to get tension free service career in absence of his fault?

2. Whether the person could get a stay from CAT for his superannuation till CSIR is not holding all the assessments due to him?

3. Whether the person could file a case in CAT for this CSIR's serious mistake committed and also later wishful delay and demand a suitable compensation for the life long sufferings by way of defamation, social guilt & family’s mental agony & torture, deleterious affect on children innocent minds… etc. etc.

Anonymous   29 March 2010 at 17:46

Entitlement of pension

After the demise of mother (Father was retired from the post of superintendent in central excise department) an unmarried daughter (She was fully dependent on his parents only) is entitled to get the pension benefit or not. If he deserves benefit how she will approach.

eswarkumarpotti   29 March 2010 at 10:30

land mark judgement by supreme court of india

dear Respected experts,

Good morning to you all.

please provide me the case law reference and date of judgement prounced by the Sc In SAIL case (matter involves labourers for grant of temporary status/illegal termination). Please Note sir, this case is land mark judgement pronounced by the Sc After judgment prononunced in Uma Devi v.RE Secretay , state of karnataka.

Thanking you all respected experts.

Anonymous   28 March 2010 at 17:03

withdrawal form provident fund

can a persong withdraw a some amount form his provident fund account

Anonymous   28 March 2010 at 09:35

time bound promotion

i am a lecturer in a university and i was supposed to get a time bound promotion two years back but because the university did not held any selection committee for that i am loosing.
i want to know that
1. how can i get some legal help on this
2 will i get the promotion from the backdate i mean the date it was due to me

3 recently SC gave some decision on promotion will i get some help under that also

Anonymous   27 March 2010 at 14:49

way to send legel notice

If any one reject to receive legal notice without reading then what are differant way to send notice.
it is possible to send notice by following diffarant way
by e-mail (scan copy of notice)
by Fax
etc.

MR. JOAQUIM SAVIO GRACIAS   27 March 2010 at 12:39

Wages and salary

Dear Sir,

1. What is the difference between Salary and Wages?
2. Can a person who is in 12 years continue service be called as a daily Wages labor? Is there any labor law in this regards or any judgment of any court that gives clarities to daily wages labor.
3. is Gratuity applicable to employees of a charitable society.

4. can a Charitable Society put a limit to the years of Gratuity eg. only 15 years.

Thanks

Dinkar Vidyarthi   26 March 2010 at 14:37

Change of termination in resignation on request by person

Sir,'

We have terminated one of our employee worked as ZSM on the grounds of misconduct and plying foul games.
Now he contacted us and made a request that his career is going to stop, so please revoke termination and accept his resignation which he will provide us.
my question is:
If we asked to him to send a letter in same language that I am terminated by you, which can be a blemish on my career so please revoke my termination and against it accept my resignation which I send you along with this letter.
then 1) what is the consequences and if we accept his request 2) from which date we show on paper his resignation as accepted such as it can be on back dated or on present dated as per the letter he is sending us.

Ankur   26 March 2010 at 07:21

Notice Period Buy Out Option is not available

Hi,

As per my offer letter, there is two months of notice period to be served after resigning. I have generally seen there is an option to "buy out" notice period. BUT however, in my offer letter it is not mentioned there.

It is just written in case of separation from the company two months of notice period has to be served. Pls see Point No. 12 in the attached file.

I am ready to pay my company in lieu of notice period But I do not want to serve notice period as I have got a very attractive offer from some other company.

Is there any possible way I can pay my company and get relieved within 10 days.

Thanks in advance.

Best Regards.

Anonymous   26 March 2010 at 06:57

Gratuity Act

Latest position of teachers eligibility for gratuity under PG Act 1972 may be explained by experts.