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KULDIP RAI   15 April 2016 at 18:07

Technical resignation and pay protection

I cleared written examination and appeared in interview for Inspector of Central Excise on 01.03.1988 but declared UNSUCCESSFUL in the final result declared by SSC in 1988 only. Thereafter, in October, 1988, I joined as Sub-Inspector in CBI. Since the selection process for the post of Inspector of Central Excise had already been over and concluded, there was no point or requirement for me to inform about the same at the time of joining in CBI. However, in October, 1989, I got an appointment letter for the post of Inspector of Central Excise as a result of special drive launched by the Govt to fill up the back log vacancies of SC/ST candidates and I was selected based upon my performance in the written exam and interview conducted on 01.03.1988, by lowering the eligibility marks. Though the pay scale for both the posts was same i.e. Rs.1640 - 2900, however, since the Central Excise post (Inspector) was higher, I decided to resign from CBI (Sub-Inspector) mentioning all the details as narrated above. During my tenure in CBI, I had also earned an annual increment. My resignation was accepted in December, 1989 and I joined as Inspector in Central Excise in December, 1989 itself and before joining the Central Excise, I had informed Central Excise department that I had been serving in CBI and would join Central Excise only after resigning therefrom. However, I was not given the benefit of pay protection and service rendered in CBI. In view of the above eventuality, kindly clarify i) whether the benefit of pay protection etc is admissible to me?; ii) was it not for the department to extend me all benefits available to me when all the facts had already been brought in the notice of the Central Excise department even before my joining or was it for me to lodge separate claim for these benefits?; iii) whether there is any time limit for claiming these benefit and iv) whether I am also eligible for interest in case I am given the financial benefit of pay protection. If possible kindly arrange to give some case law citation which covers the identical issue.

Ajit N Katkoria   15 April 2016 at 17:55

50% share of deceased associate member in the flat of chs ltd.

Mrs. X (widow), a member, is holding a flat jointly with her husband late Mr.Y (who was died 10-years ago in a Co-operative Housing Society. Mr.Y's name still appears in flat agreement and share certificate of the flat. Mr.Y was an associate member and didn't nominate anyone nor made any WILL. Now, Mrs. X wants to sell her flat. She is having 2-married daughters and 2-married sons. What are the documents that the society should ask from her before she sell it off to other outside party/ies as late Mr.Y was holding 50% share in the said flat? Kindly advice.

Kapil Sagar   15 April 2016 at 17:32

Bring sister from us

Hi,

My sister is in US and we wan her to bring her home and get married. She is 27 Years old. She does not want to come to India and we are afraid that she is getting old to get good matches. She got used to the western culture and some bad friends which are guiding her the wrong way. She applied for H1B visa this year which she may or may not get. She completed her studies and she is currently working. Long story short :- Is ther a way that we can legally bring her to india?

Any advice is much appreciated.

Thanks,
Kapil.

Ramesh   15 April 2016 at 16:47

To change lawyer

Sir I file a petition in high court through a lawyer but I find him uncampatable as he can not file a case correctly in two months so I want to change that lawyer. But he did not give NOC and I have to change it immediately what can I do whether withdraw the case and file new. As it is in default condition.

Naresh Kumar   15 April 2016 at 15:56

Contempt petition

Govt. passed a Resulution dated 10/10/1997 vide which Rank and pay structure of non-gazzeted combatised categories in Central Police Organisations was rationalised wef 10/10/1997. CRPF, BSF,ITBP, CISF,SSB and Assam Rifles are CPO , and said order of Govt is equally applicable on all said CPO. Based on that order Clerks, being non-gazzetted combatised category, working in Assam Rifles in the Rank and pay scale of Head Constable ( 1200-2040) sought upgradation of their rank and pay scale to ASI (1320-2040) at par with their counterparts working in sister CPO i.e. BSF/CRPF ,which was allowed by single bench of Guwahty High Court with financial benefits from 1.1.1986 but DB restricted notional benefit from 1.1.1986 and arrears from date of filing of petition i.e. 2010 and further SC modified the order of DB and allowed arrears from 1.1.1986 by affirming single bench judgement.

Based on same order of Govt dated 10/10/1997, Phamacists, being non-gazzetted combatised cadre, working in CRPF sought upgradation of their rank and pay scale at par with their counterparts working in ITBP from ASI(1320-2040) to SI(1400-2300) , filed SWP in Jand K High Court during 1998 and held that writ petitioners are held entitled same rank and pay scale at par with their counterparts working in ITBP and LPA filed by UOI is also dismissed by DB on 12.08.2015. Despite that order of Court not yet implemented. Contempt notice issued on 06/04/2016 for three weeks. Under such circumstances, I would like to request to all respected experts to kindly advise what option is available before Govt. In my opinion, UOI have to implement said order of Court since issue involved has already been decided by the Honable SC based on Govt own rationalisation of non- gazzetted cadres in CPO.






















































































































Mohan M   15 April 2016 at 15:50

Career in law

My son is completing law degree from one of the NLU. He has interest in technology law & cyber law. Will you please guide what he should pursue after his graduation ie further study , India or abroad, subject of specialisation or should pursue professional career by joining some law firm or start litigation.
Thanks & regards.

Madan Mohan.

varun dua   15 April 2016 at 15:15

Property sold by forged documents

my paternal uncle and aunt has sold one of our ancestral property (i dont know how) to a disputed property dealer.
we are 9 legal hiers of the the above mentioned property including the parties who have sold it illegaly.
now the problem is i m not finding any way of proceeding with the case as m nt able to get strong evidence on what basis they have sold it.

need help

pls ask any other information if u need to help me.

note:- we have already sold our 2 ancestral properties mutually other than the above said property through mutation.

i believe documents must have been forged.

Kartik aggarwal   15 April 2016 at 14:49

Haryana cst on embroidery fabric

Sir i am having my fabric embroidery unit in kundli(sonepat haryana), we transfer the fabric after the embroidery to our delhi head office for furthur additions and final sales. We used to file zero return as these were exempted goods in haryana. But today i recieved a demand of 13.125% on total stock transferred for the year 2012-2013. We havent got any circulars about this implementation of tax. What should i do?? Secondly, Since fabric is exempted from tax we do not have have cst registration in delhi. Now some people say that u need to obtain form F since u are transferring stock, but how we can get form F since we do not have cst registration in delhi. Sir this item is exempted of tax in almost every state. Sir kindly tell my stand what should i do?? Regards

aliya   15 April 2016 at 14:18

Fake 156 (3) case by father in law

My father in law filed afake case against me that i stole his wifes jewellery on certain date. He has also produced acomplain copy of the said date attested by notary. but the fact is that my inlaws harassed me for dowry and I was present at my inlaws home on the dayof complain and 3-4 days later. Can i get the cdr data with cell phone location of my number. because it has been 5 years since and i was notaware of this fake complain earlier. please suggest how toget the cdr data.

adv.bharat @ PUNE   15 April 2016 at 13:21

How to get property of christain minor children?

sir plz guide how to get property of christian minor child.
As per u/s 27 of Indian sucession act whether this section applies to christan also?