ASHWANI GAGNEJA
16 May 2017 at 18:02
In a civil suit regarding dispute of land in Moradabad, the Defendant has not filed any written statement for the last more than 5 years. For which he has got permission from the learned court to file it now, which should have been permitted as maximum time to file is 90 days. On that ground, if we protest and the judge refuses to take on record. What are the implications for want of WS. If decree is decided against him, can he go for revision.
Fazal
16 May 2017 at 15:46
hello, everyone
I stay in slum area. bmc has decided to demolish the our area and they have taken the survey. bmc has not given any notice. so we take stay without notice. if yes, what is the duration of stay and what is the process.
AJITKUMAR N PARMAR
16 May 2017 at 15:06
Sir,
I am working as LDC in GOI, the post of LDC is isolated. My qualification is B.Com LL.B, In my Office the Post of Legal Assistant is vacant since 1995 to till date. Having a legal qualification, my office is utlized my service as legal assistant like court case hearing attending, filing FIR as per legal assistant works and also perform the duty of technical supdt., for power loom inspection. During advertisement of legal assistant in my department I have applied for the post of legal asisstant in 2010 with request to consider my application with apply section 6 relaxation of power as per RRs. But the department is not put up my relaxation application on file and not submitted to higher officer for decision because my post is LDC is isolated and my application for the post of legal assistant is not considered. so then I have file my case in CAT and the department going on HC of Gujarat on CAT order.
Sir, Please clarify on on HC order point No. 8 is apply for period or day? for legal assistant wages and allowance for my case.
C/SCA/9660/2016 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO.9660 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE M.R. SHAH Sd/and
HONOURABLE MR.JUSTICE A.S. SUPEHIA Sd/===================================================
1 Whether Reporters of Local Papers may
be allowed to see the judgment ? NO
2 To be referred to the Reporter or
not ? NO
3 Whether their Lordships wish to see
the fair copy of the judgment ? NO
4 Whether this case involves a
substantial question of law as to the
interpretation of the Constitution of
India or any order made thereunder ?
NO
===================================================
UNION OF INDIA & 3....Petitioner(s)
Versus
AJIT KUMAR PARMAR S/O NAROTTAMDAS PARMAR...Respondent
===================================================
Appearance:
MS AVANI S MEHTA, ADVOCATE for Petitioner(s) No.14
MS REENA KAMANI, ADVOCATE for MR PH PATHAK, ADVOCATE
for the Respondent(s) No. 1
===================================================
CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE A.S. SUPEHIA
Date : 16/08/2016
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE A.S. SUPEHIA)
(1) RULE. Ms.Reena Kamani, learned advocate,
appears and waives service of rule on behalf
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C/SCA/9660/2016 JUDGMENT
of the Respondent. With consent of the
learned advocates appearing on behalf of the
respective parties, the petition is taken up
for final hearing forthwith.
(2) Present petition is directed against the
judgment and order dated 26.11.2015 passed
by the Central Administrative Tribunal
wherein and whereby the O.A No.250 of 2012
filed by the RespondentOriginal
Applicant
challenging the action of non granting of
payscale
of the post of Legal Assistant is
allowed.
(3) The facts of the present petition in
nutshell are that the present Respondent was
appointed as Lower Division Clerk (LDC) on
04.11.1996. It appears from the record that
the petitionerauthorities
were taking
additional services of the Respondent as
Legal Assistant as he was duly qualified for
the said post. The Respondent requested the
authorities to absorb him in regular service
as Legal Assistant by relaxing the
recruitment rules as there was no other
avenue of promotion available to him. Since
the respondent was not considered fit for
the post of Legal Assistant, he was
constrained to approach the Learned Tribunal
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C/SCA/9660/2016 JUDGMENT
challenging the said action of the
petitionerauthorities.
The learned Tribunal
vide judgment and order dated 26.11.2016
directed the petitionerauthorities
to
absorb the respondentoriginal
applicant as
Legal Assistant and pay him wages of the
said post as he had worked as such.
(4) Ms.Avani S Mehta, learned Advocate appearing
on behalf of the petitioners, has vehemently
submitted that the learned Tribunal has
erred in directing the authorities to absorb
the respondent as Legal Assistant as same is
de hors the recruitment rules. She has
submitted that the recruitment to the post
of Legal Assistant is to be made by the
department as per the recommendation of
Union Public Service Commission (UPSC) after
following up the process for filling up the
post as per the mode and method of
selection/recruitment provided under the
Recruitment Rules. Accordingly, an
advertisement was issued for filling up the
post. The application of the Respondent was
scrutinized by the department, and he was
found ineligible. She has submitted that in
wake of the aforesaid facts the learned
Tribunal could not have directed the
petitioners to absorb the respondent as
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C/SCA/9660/2016 JUDGMENT
Legal Assistant. She has also further
submitted that the learned Tribunal has fell
in error by directing the petitioners to pay
wages of the Legal Assistant to the
Respondent, as the duties which the
petitioner were discharging cannot be
construed as performing the duties of Legal
Assistant. No further contention is raised.
(5) Ms.Reena Kamani, learned Advocate appearing
for the Respondent, has submitted that the
judgment and order of learned tribunal does
not required interference, and the same is
required to be sustained. She has submitted
that the learned Tribunal is justified in
giving the direction of absorbing the
respondent as Legal Assistant since he was
performing his duties as such since 1996.
She has also vehemently submitted that
action of the petitioners in not paying the
wages/salary as Legal Assistant to the
respondent, despite having worked as such,
is illegal and arbitrary.
(6) We have heard the respective advocates
appearing on behalf of the parties. After
careful scrutiny of the judgment delivered
by the learned Tribunal and on examination
of the documents on record, we are of the
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opinion that the direction given by the
learned Tribunal for absorbing the
Respondent as Legal Assistant calls for
interference as the same is erroneous and
against the settled legal principles of law.
(7) It is undisputed fact that the department
had issued an advertisement for filling up
the post of Legal Assistant. The same was
also circulated. The application of the
respondent for appointment to the post of
Legal Assistant was examined by the
department, and he was found ineligible for
the same. The respondent is not eligible to
be appointed as Legal Assistant as he does
not fulfill the eligibility criteria of
“having 3 years regular service in the posts
in the scale of Rs.50008000
or 6 years
regular service in the posts in the scale of
Rs.40007000
or equivalent. The UPSC had
specifically denied any relaxation of the
Recruitment Rules while examining the
applications of the employees. Thus, the
learned Tribunal has exceeded its
jurisdiction in issuing the directions for
absorbing the respondent de hors the
Recruitment Rules. It is settled law that an
employee cannot be absorbed or regularized
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on a post if he does not qualify for the
same. Merely the respondent was assigned the
work of Legal Assistant, he cannot claim the
right of being absorbed/appointed to the
post of Legal Assistant that too by relaxing
the Rules. Hence, the aforesaid direction
issued by the learned Tribunal is quashed
and set aside.
(8) So far as the contention of Ms.Ramani for
entitlement of wages for the period the
respondent worked as Legal Assistant is
concerned, we find merit in the same.
Learned Advocate Ms.Avani Mehta is unable to
dispute the contents of Letter dated
12.11.2008 issued by the petitionerauthorities
wherein it is specifically
stated that services of the respondent was
utilized as Legal Assistant as he possess
legal qualification (LL.B), and further
request was made to pay him honorarium for
such service. It seems that thereafter the
respondent was paid an honorarium of
Rs.2,500/per
year as evident from the
Letter dated 20.07.2011. Thus, the
respondent was only paid a meager amount of
Rs.2,500/as
honorarium per year for the
services rendered by him as Legal Assistant.
It is undisputed fact that the post of Legal
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Assistant was lying vacant and the
respondent used to perform duties of Legal
Assistant. In our considered opinion the
Respondent is entitled to wages/salary of
Legal Assistant for the period he worked as
such. Ms.Ramani states that the respondent
was rendering his service as Legal Assistant
since 1996, whereas Ms.Avani Mehta has
asserted that his services were utilized as
such since 2008. We would like to abstain
ourselves from entering into disputed
question. However, we direct the petitioners
to examine the record for ascertaining the
period for which the respondent was assigned
the work of Legal Assistant, and pay him
wages of the post of Legal Assistant for
that period. The amount of honorarium
granted to the Respondent shall be adjusted
while computing the wages of the petitioner
for period in question. The entire exercise
shall be completed within a period of three
months from today.
(9) The petition is partly allowed. Rule is made
absolute to the aforesaid extent.
Sd/[
M.R.SHAH, J]
Sd/[
A.S.SUPEHIA, J]
Bhavesh[
pps]*
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HC-NIC
gajendran
16 May 2017 at 14:56
is it possible to get judgement copy through online. I got court order through online and waiting for judgement copy. Without judgement copy I will marry another girl
HK
16 May 2017 at 12:53
Can a health care service provider company revoke services of its clients on the basis of misrepresentation of facts? We have been taking services from Portea as my mother is a multiple strokes patient and fully bed ridden for last 2 years. The manager of the company is saying that we can not provide you services because we don't have any staff in that location. The fact is they have many clients in Dwarka, Delhi. He just wants to stop our service because the Delhi metro fair got increased.
Akash Nawkhare
16 May 2017 at 12:47
Respected sir/mam, I have passed my 12th Maharashtra boards exam in this year & my cast validity is arrive but there is problem in my last name is "Nawkhare" but in caste certificate & caste validity there is Navkhare so how can I resolve my problem....
Swap
16 May 2017 at 09:56
Can anybody tell is there any years limit to clear 3 yr Llb course of mumbai University?
BHARTI KOTHARI
16 May 2017 at 08:59
I filled complaint now the complainant has got agreed to make payment but magistrate is asking for legal aid amount of 10%. from accused and accused does not wish to make that payment and consequently he is not wishing to mak my cheque payment . kindly advice me. Thanks very much sir.
Shraiya Gupta
16 May 2017 at 05:56
Hi! I am reposting this for expert advise as my previous query was posted as anonymous (I am new so dint have much idea) and dint get much response due to anonymous user post.
Hi! I need some advice on my ongoing case of road accident taken place last year in June. I was driving a friend back home around 12.30 in the night and the traffic signals don't function at that time. We were in a four Wheeler driving straight and it was raining heavily. Suddenly a two Wheeler activa came in front of us who wanted to go towards the right direction coming from the opposite side as it was an intersecting road. I was going straight and the activa was coming from the opposite side wanting to take a right. There was a man and woman on the activa. The lady was sitting in a one side leg way on the activa and due to the centre area of the car (number plate is) pressing with her legs she had a fracture in her legs. The activa and the man where not injured as I suddenly had stopped the car but couldn't control the lady's foot injury. Me and my friend rushed her to the nearby hospital and got her treatment started. The man and lady were neighbors and not related therefore the man was not willing to stay back with the lady however he informed the lady's relatives and then left. The lady told the doctors that it was not our fault buy however expected a compensation of ₹1 Lakh. Me being a middle class person did not will to pay the amount as it was not my fault on the major side. I offered her a reasonable compensation but she however refused and wanted to file a complaint. Her relatives along with the neighbor went to the police station and filed a complaint. The neighbor dint want to get into legal proceedings and therefore had a word with the lady and they then decided to give a statement to the police saying it was not my fault and not file any complaint. The normal proceedings took place and after a month I got a call from the police station saying that I have to be there as the lady has filed a complaint. They again tried to settle it off by asking compensation but I refused as any amount of ₹10000 and more is a lot of money for me to spend on something I dint have fault to. Then a court case was filed and I hired a lawyer and the procedure started. I am totally unaware of these legal proceedings. When I was called for the first time in front of the judge I was told by my lawyer to answer " Not Guilty" when asked by the judge. The second time they called me and then was called by the judge and given a further date. My date is approaching soon and a trial is supposed to begin soon. I have been accused of rash and neglected driving and danger driving and causing injury to other party ( 2 /3 of these accusations) I want to know : 1.) What is the right thing to do at this point? 2.) What if I loose the case? 3.) What if I win the case? 4.) What are my chances of winning the case? 5.) Is this a criminal case or civil case? 6.) Am I now to have criminal record on me for the rest of my life? 7.) Will I face issues for my passport and visa applications? I am facing a lot of issues with these queries and would request you to help me with answers but please not in legal language. Something which I can easily understand. Thanks in advance!
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