Sunny shaw
07 March 2017 at 08:50
I am the owner of one of total three plots having a common passage and main gate for entry and exit. I have built a 2 storey building for residential purpose on my plot. Now one of the owner of rest two plots is planning to use his empty plot as a commercial garage. All the vehicles those would come and leave the garage after repairing will use the common passage which has a combined ownership. Is it legal to use the common passage for commercial purpose like this? What leagal action i should take to stop this? Please guide me
manden sukesh
07 March 2017 at 07:57
RESPECTED MEMBERS,
• My name is Sukesh, working as Junior Engineer (Mech) in Andaman Lakshadweep Harbour Works (ALHW), posted at A & N Islands under the administrative control of Ministry of Shipping.
• I have joined in the department as Overseer (Mech) during the year 1991 and on selection I got the post of Junior Engineer (JE) during the year 1995. During the year 1996 the post of Overseer is merged with the post of JE consequent of implementation of 5th CPC report.
• I am a physically Handicapped person ( PWD-Ortho- 40%) by birth and have Medical Certificate Issued by the Medical Board. At the time of appointment I have submitted Disability Certificate to the department but my appointment was recorded as General Catagory.
• Necessary entries of my disability is recorded in my service book at the time my entry into service.
• At the time of promotion from Overseer to Junior Engineer, my promotional post is treated as OBC Catagory since I belong to OBC category.
• My next promotion will be to the Post of Assistant Engineer (Mech) , and as per the Recruitment Rule approved by the Ministry, the vacancy to the post of Assistant Engineer (Mech) will be filled up 100% by promotion on Seniority cum Fitness (SCF) basis from feeder cadre ie from Junior Engineer.
• I have submitted representation seeking my promotion to the post of Assistant Engineer (Mech) to Secretary Shipping through proper channel during December 2015 and made much representation with copies of relevant court orders. Still it is under process and i have not received any reply from the Ministry.
• During discussion my department has informed me that there is no DOPT order for giving reservation promotion in group B post. Also informed me that since I have entered in General/OBC quota so i cannot claim any benefits under PWD category.
• I have collected all the details of correspondence between Ministry and Department by filing RTI. From that it is revealed that even for Group C & D post, Department has not maintained any quota for PWD person either in appointment or in Promotion.
• My main pray is, once the post is identified, it must be reserved for PWD irrespective of the mode of recruitment adopted by the State/Department for filling up the AE Mech Post. There is no other way to ensure 3% or 4% representation of PWD in IDENTFIED POST of Assistant Engineer in ALHW except by way of three/four percentage reservation in promotion.
• Now the department has given recommendation to the Ministry to refer my case to DOPT.
Recent Court Verdicts and GOI orders related to PWD category emplacement:
• Government of India has implemented Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. Section 33 of said act mandates appointment in every establishment such percentage of vacancies not less than three per cent, for person or class of persons with disability. Now the Parliament has enacted law to enhance it from 3% to 4% and Gazette Notification is yet to be issued.
• Vide Notification No. 16-15/2010-DD-III dated 29th July 2013 of Ministry of Social Justice and Empowerment, has identified various posts suitable for PWD in Group A, B, C & D.
• In that list the post of AE (Mechanical) is a IDENTIFIED POST for PWD.
• Many Individuals and various organizations working for the welfare of disabled person has submitted many representation to issue revised order to ensure reservation promotion also from Class ‘D’ to Class ‘A’ post as per the provision in the section 33 of the disabled act.
• Disabled person has sought help of court of law, one of the organisations viz. National Confederation for Development of Disabled has filed Public Interest Litigation in the High Court of Bombay vide No. 106 of 2010 against Union of India and won the case in favour of them. By challenging the Judgement of Bombay High Court, the Government of India has filed a special leave to appeal ( c ) CC No. (s). 13344/2014 but the Supreme Court of India has up held the Judgement of High Court of Bombay.
• The apex court held that the Centre, States and Union Territories were obligated to implement the rules of reservation for this in the matters of appointment, selection, direct recruitment, deputation and also for promotion. The Supreme Court in its Judgement has declared that “Appointment will include promotion”.
• To comply with apex court order GOI is extended the reservation facility for Group A and B post and DOPT vide No.36035/16/9T-Estt (SCT) Dtd 18.02.1997 has issued order to implement the same in Govt Department but court verdict in true spirit is not implemented, the provision for reservation in promotion for Group B & A is not implemented but for Group C post reservation in promotion is already in vogue.
• It is understood that contempt court petition is under process in apex court to get it implement the Supreme Court verdict in its true spirit filed by the respective association.
• It is found that apex court has issued favourable order for PWD staff in BSNL there also higher post is identified for PWD but RR says 100 % promotion, so they filed WRIT PETITION (CIVIL) No.521 OF 2008 Rajeev Kumar Gupta & Others … Petitioners Versus Union of India & Others … Respondents WITH CIVIL APPEAL NO. 5389 OF 2016 (Arising out of SLP (Civil) No.244 of 2016) – and obtained favourable order and got reservation in promotion to Group A & B post.
• Favourable order has been issued by apex court in the following case also: case details- SERVICE BENCH No. - 1630 of 2013 Petitioner :- State Of U.P. Through Prin. Secy. Deptt. Of Rural Engineerin Respondent :- Sanjeev Kumar Jain & 3 Ors. Counsel for Petitioner :- C.S.C. Counsel for Respondent :- C.S.C.,B.K.Yadav,Manoj K. Yadav, Suresh Chandra Yadav. From 33 of Court No. - 4 Case
• Since the Department and Ministry is dragging my case since 31.12.2015 and at present there are four vacancies of AE (Mech) post. Once filled I won’t get any chance in near future.
• So please advise me at this stage what should be my future course of action.
Regards
Sukesh m
Kiran agarwal
07 March 2017 at 00:49
Sir I have made pedhi namu in 2007. Now I have sold an old property and came to know that now I have to make a fresh pedhi namu. Kindly tell me that is pedhi name has a validity period?
Sameer
06 March 2017 at 23:03
Hello Experts,
I have filed for a divorce in Kalyan Court on basis of Cruelty against my wife who stays in Malegaon with her parents and brothers. They have received a summon from a court and they have to attend the hearing in next week but before the hearing they have approached "Mahila samupdeshan kendra " in police station at Malegaon. I have a got a letter from MSK to come and meet them for counselling. Is it mandatory to meet them ? As they have put my name as well as my 7-8 relatives name to meet them in Malegaon. Her brothers are like Gundas and they have local influence and that can be life threat to me as well as to my relatives. Can they file 498a and other cases if I dont attend the counselling ? What is Zero FIR will the case gets transferred to Kalyan instead of me visiting to Malegaon.
I have send sent a register post to Mahila Aayog stating that I wont be able to attend on the said date mentioned by them , But they have refused to accept my letter from Post. I have a acknowledgment for the same.What should be my next Action? Should i still go , I think Mahila Aayog is corrupted and biased over there
sandeep
06 March 2017 at 21:47
Our Housing Society registered under MCS Act. Last election was held in Apr 2012. The managing committee was elected in Apr 2012 not filled up M20 bond. I filed a complaint at Dy Registrar office under section 73 1AB. After the hearing was over Dy Registrar dismissed the entire managing committee under section 77A and appointed authorised officer. Now the appointed authorised officer is now hold the election. Now I have 2 question is 1) The earlier managing committee which was dismissed can stand for election? or they can't stand for election for next five years. 2) Which provisional list put on notice board only that member can stand for election?
veerander
06 March 2017 at 21:40
i had given the payment through my account inqueation to that the defendent had issue4d cheque against my payment which was already reported to the bank that cheque is stolen what to do eithe5r i will file criminal complaint under section 420 or under sectgion 138 n.i.a
aksharma
06 March 2017 at 21:01
Loan taken from employer before a few year by husband for cooperative society house and loan EMI from employer still continue and flat,s original share certificates deposited to employer. can husband add his wife name in home Registry document while cooperative house society has no objection to add wife name in registry document? Justified or not.
aksharma
06 March 2017 at 20:58
Loan taken from employer before a few year by husband for cooperative society house and loan EMI from employer still continue and flat,s original share certificates deposited to employer. can husband add his wife name in home Registry document while cooperative house society has no objection to add wife name in registry document? Justified or not.
aksharma
06 March 2017 at 20:15
Loan taken from employer before a few year by husband for cooperative society house and loan EMI from employer still continue and flat,s original share certificates deposited to employer. Should /can husband add his wife name in home Registry document while cooperative house society has no objection to add wife name in registry document?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Consumer affairs
I purchased some groceries, dry fruits and spices from a store in Dehradun which were not found to be fit for human consumption. I have also filed a case with the consumer court. I wish to know if there is any provision under which the Court can examine and issue a certificate describing the actual condition of the items and take the same in its custody?
The items are nearing expiry.
Thanks