Lt COL R S shekhawat
21 April 2011 at 09:47
statement of case for ;-
Grant of Ex-Service men status and ensuing benefits to Honorably Retired \released\Discharged officers of TERRITORIAL ARMY alike Non pensioner SSCO & ECO
The Member of the Territorial Army being integral part of INDIAN ARMY are subject to INDIAN ARMY ACT 1950 governed by - DEFENSE SERVICE REGULATION, Regulations for the ARMY, PENSION REGULATIONS 1961 .
Officers in the TERRITORIAL ARMY are holding commission ,granted by the president of INDIA with designation of Rank corresponding to those of Indian commissioned officers of the regular Army , Granted Gratuity on their honorable retirement\ Discharge\Release after 05 years of aggregate embodied service / or 10 years of commissioned service alike Non pensioner SSCO\ECO
Yet are not granted EXSERVICEMAN status
ON CONTRARY
Non pensioner Short Service Commissioned Officers .
are treated as Ex-servicemen, on their discharge with Gratuity after 05 year commissioned service. inclusive of their pre-commissioning training period as CADET.
Honorably retired officers of TERRITORIAL ARMY are awarded Gratuity at par with All retiree of Indian Army which constitute one class. It is not LEGAL to single out certain persons of the same class for differential treatment. Denial of Ex-Service men status and ensuing benefits has created a class within a class amongst ALL honorably retired officers without rational basis and, therefore, becomes arbitrary and discriminatory.
judiciously commissioned Officers cashiered\ court marshaled \ discharged dishonorably on disciplinary grounds from Indian Armed forces are denied of Ex-Service men status and ensuing benefits
as per ARMY pension regulation Part-I 1961;- Gratuity is an kind of pension However, honorably released with Gratuity from TERRITORIAL ARMY are excluded from consideration as Ex-servicemen without any valued reason
Existing definition, laid down by the Department of Personnel & Training(DOP&T), Ministry of Personnel, Public Grievances & Pensions, which has been in vogue since 01 Jul1987,
Ex-servicemen;-
;-Who has served in any rank whether as a combatant or non- combatant in the regular Army, Navy or Air Force of the Indian Union but does not include a person who has served in the Defense Security Corps (DSC), the General Reserve Engineering Force (GREF), the Lok Sahayak Sena and the Para Military Forces
-The personnel of Territorial Army (TA) who are pension holders for continuous embodied service, persons with disability attributable to military service and gallantry award winners released on or after 15 Nov 1986 are eligible to status of ex-servicemen.
Pension & Gallantry award ;- are the compulsory criteria - for the personnel of Territorial Army to attain the status of Ex serviceman which can neither be assured Nor Guaranteed & seems practicably unfeasible abiding the Role\ service concept of Territorial ARMY
Denial of EXSERVICEMAN status to Honorably RETIRED (with gratuity ) officers of Territorial army is an open affront to their Reckonable embodied service rendered for national defense,& is wholly arbitrary, discriminatory and violation of Article 14 of the Constitution.
services of Territorial army personnel in comparison to other Indian armed FORCES personnel is neither inferior nor services required by the Indian Armed Forces are superior to Territorial army
Indian Army is composed o those who have undertaken definite liability for military service, viz, combatant troops, administrative service/departments and enrolled non-combatants-The Army Comprises of-. The Regular Army; The Army Reserve
& The Territorial Army - Authority:-Defense service regulation
Definition of ex-servicemen:
Eligibility to the status of ex-servicemen of ex-Armed Forces personnel is governed by the definition of ex-servicemen issued by the Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions. The status of ex-servicemen of ex-Armed Forces personnel is decided based on the definition in vogue at the time of retirement/ release/discharge of the personnel.
The first definition of ex-servicemen had been notified by the DOP&T in 1966 and subsequently it was amended eight times.
Definition of EX serviceman As per the existing definition, laid down by the Department of Personnel & Training(DOP&T), Ministry of Personnel, Public Grievances & Pensions,
which has been in vogue since 01 Jul 1987, an ex-servicemen means a person:
;-Who has served in any rank whether as a combatant or non- combatant in the regular Army, Navy or Air Force of the Indian Union but does not include a person who has served in the Defense Security Corps (DSC), the General Reserve Engineering Force (GREF), the Lok Sahayak Sena and the Para Military Forces
services of Territorial army personnel when compared to other armed personnel is neither inferior nor services required by the Armed Forces are superior to Territorial army .
When this is the position, to deny the status of EXSERVICEMAN to Honorably RETIRED Defense personnel’s of territorial army is wholly arbitrary, discriminatory and violation of Article 14 of the Constitution.
" Territorial army is an integral part of Armed Forces", for the purpose of Article 33 of the Constitution of India.
But the discrimination in grant of Ex Serviceman status
Therefore, this is submitted before you with a sole aim to bring the most genuine grievances of Honorably Retired \Released\Discharged NON pensioners\Gratuity holders of TERRITORIAL ARMY with in the purview of EXSERVICEMAN status at par with SSCO.
Anonymous
20 April 2011 at 22:20
25% seats are reserved for weaker section under right to education act,i want to know who can and where apply for taking benefit of this provision and what is definition of weaker section under thios act.Of which category persons can apply for availing this benefit.Regards
Anonymous
20 April 2011 at 19:08
I HAD BOOKED A PLOT IN ANSAL SUSHANT CITY AJMER.IT IS A CORNER PLOT WITH SIZE 164 SQ METER AT THE RATE OF RS 5000 PER SQ METER ABOUT 2 YEARS BEFORE.THERE BOKKING STARTED ALMOST 5 YEARS BEFORE AT THE RATE OF RS 2500 PER SQ METER.I HAVE MADE 95 PAYMENT UPTO DATE
BY MAKING QUARTERLY INSTALLMENT AS PER PLAN OFFERED.IT IS A CORNER PLOT AND GARDEN FACING
EAST NORTH FACING ETC OF MY BEST LIKING.
NOW I HAVE BEEN TOLD LAST WEEK BY THEIR EXECUTIVE THAT THEY HAVE CARRIED OUT ACTUAL SIZE DEMARKATION ABOUT 3 MONTHS BACK. AND MY SIZE OF PLOT IS MORE ABOUT 80 SQ METER.
WHICH IS ALMOST 50% MORE OF BOOKING SIZE.
NOW I AM IN DELIMA AS I WANT CONSTRUCT MY HOUSE ON THE SAME PLOT AND BEING A SALARY PERSON AND IN THE AGE OF ABOUT 55 YEARS JUST CANNOT AFFORD THIS MUCH EXCESS AMOUNT.
PLEASE LET ME KNOW THE MY LEGAL STRONG POINTS TO MAKE A HARD BARGNING FOR THE RATE
OF EXCESS PLOT. AND IN YOUR VIEW WHAT IS THE REASONABLE OFFER I CAN MAKE FROM MY SIDE TO THEM AS I HAVE TO BUILT THE HOUSE AT THAT PLOT ONLY AS MY AGE IS CATCHING UP AND OTHER PLACES IN THE CITY THE RATE IS JUST OUT OF REACH OF MINE
Anonymous
20 April 2011 at 17:51
Marutiudyog ltd vs. Ramlal (2005) 2 SC 638.
&
In CIT vs. B.R. Constructions (1999) 202 ITR 222 (AP) CFB.
&
SC in South India Corp Ltd vs. Secretary Borad of Revenue.
Required the whole case in detail pls any one provide me. It is not there in indiankoon.com so pls do the needful
The citation gives the non - obstante clause interpretation by the SC in depth.
Also as i am a student of law compeleted just 2 months of LLB i would like to know that which journal can i purchase yearly & form where in State of maharashtra as i am wholly interrested in the civil cases & After LLB planning to do LLM in civil law . ANy book which gives more info of LAW & Act.
Thanks.
ASHISH
20 April 2011 at 16:48
Sr,
What are the things to be kept in mind as far as labour laws are concerned, while making labour sheet of the construction Co. Specially in regard of the followings :
a) Their minimum wages (Maharashtra)
b) Whether the acknowledgement can be taken on vouchers or Labour sheet is mandotary to avoid labour law probs and Tax Problems
c) P.F, Bonus and ESIC if applicable.
Many a times it has been noticed that Company makes fake labour sheet and
vouchers. how can that be identified as an working auditor.
Any other useful suggestions to avoid problems.
Please guide and suggest
akash
20 April 2011 at 15:10
I am a member of co-op. hsg. society in Navi Mumbai.Upon my various complaints against the managing committee , The Joint Registrar ordered an Enquiry under Sec. 83 of MCS Act,1960.Enquiry officer submitted his report on 18/03/2011 to Joint Registrar.I am not satisfied due to ommission of very importatn points by the EO.I want to challenge the Report.
What is the remedy now?
Under sec. 152 or 154 of MCS Act, 1960?
Pl.specify.
Thanks
Anonymous
20 April 2011 at 14:47
Hello to everyone.
I am from bangalore. Pls forgive me if i have chosen the wrong category as others law as im not sure if stolen bike cases come under this law. so please forgive me.
My bike was stolen 7-8 months ago however after 15days the police recovered my bike.
and the bike was handed over to me by the police.
since i am moving from bangalore to another delhi. i recently applied for NOC ( non objection certificate) , during the process i came to know from the comissioner office that "case is still pending" .
what case is this ? am i not going to get my NOC ? they did hand over my bike to me 8months ago so what sort of issue is this.
how to i get my NOC now ?
Please help me.
your replies/help will be very much appreciated
Anonymous
20 April 2011 at 14:22
Hi All,
I have made a registered agreement with my tanent on monthly rent Rs.20,000 p/m. This agreement is going to terminate by 1.11.2012.
I have taken advance from my tanent of Rs 200,000 as a caution deposit. This is made on seperate agreement but not registered.
Will it give any problem for me ?
Anonymous
20 April 2011 at 12:10
i have issue 4 post dated cheques total amounting Rs 10 lakh to a company along with Rs 5 lakh as a cash as an security. On returns company provides me stock and gives us fix monthly commision. But from last 1 year company is not cooperating with us and neither provides us stock nor our commision. Now the position of the co. is too bad and we have no faith on them so we wants to stop payment on post date cheques, so what is the legal procedure as still we have 1 year agreement left. After stopping payment can company took any action on us. Plz help urgently.
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A.P.LAND GRABBING
The brief history of the case is that the agricultural land was formed as a residential HUDA approved layout in the year 1998 and a plot of 400 square yards was sold to my vendor. I have purchased the said plot in the year 2004 from the vendor. I am the Second purchaser. Later I have constructed a house in the said plot i.e, in 400 Sq.Yds only as per my document.
Now the problem is that one of the neighborer land owner has filed a case under section 7(1) of A.P. Land Grabbing (P) Act 1982 against me that I have grabbed their land about 200 Square yards.
I request you to clarify me that is it comes under land grabbing what all defenses available to me to win over the case.