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Damages for mental depression and agony

Querist : Anonymous (Querist) 18 April 2018 This query is : Resolved 
Is civil suit maintainable for claiming damages for mental depression and agony for abrupt removal from services
Ms.Usha Kapoor (Expert) 18 April 2018
For what reason your services were abruptly removed. Please post full material facts.If you are removed for misconduct etc I'm afraid you cant get damages for Mental depression and agony.If you are removed not as a punishment for some other genuine reason of the employer such as liquidity crunch,losses, etc you may be awarded exemplary damages for mental depression and agony.
Guest (Expert) 18 April 2018
You can file suit but not maintainable. In the absence of your description about removal from service that makes your query merely of academic nature. Even otherwise also, it is a medical case, not a legal case, unless you are able to prove any illegality in your removal from service. Get proper treatment from some good doctor.

By the way, why do you believe that your employer was obliged to keep you in his employment compulsorily? Also, if new employers from time to time also remove you from service, would you claim damages from each of them also turn by turn?
Sudhir Kumar, Advocate (Expert) 19 April 2018
please state facts of the case.
Querist : Anonymous (Querist) 20 April 2018
My father filed a civil suit claiming his removal was illegal and consequential recovery of bonus gratuity leave salary and damages for mental depression and agony for stopping him abruptly in attending his duties, my father was asked not to attend office orally with out assigning any reason for the same,by that time my father had 5 years of service case was filed in 2003 and he died in 2004 July later our family members were included as legal hiers the damages claimed by my father were two lakhs could please let me whether civil court empowered to award the said damages
Ms.Usha Kapoor (Expert) 22 April 2018
Since your father challenged his removal on illegality grounds you may be awarded exemplary damages for mental agony and depression for suddenly or abruptly removing him from service.
Ms.Usha Kapoor (Expert) 22 April 2018
Since you legal heirs are challenging your father's illegal removal the suit is maintainable as removal was illegal if you prove you can also claim his retirement benefits such as pension. PF, Gratuity, Bonus,Leave etc or other consequential benefits.
Querist : Anonymous (Querist) 22 April 2018
Thank you very much madam
Guest (Expert) 22 April 2018
If a real case, not an academic query, instead of getting false hopes from a fake expert, you could better have asked this question from your own lawyer, who had been fighting your case for the last 14 years. If already asked, you could better have made appropriate reference of the same in your description.

Sudhir Kumar, Advocate (Expert) 22 April 2018
still not clear.

whether the penalty was set aside during life time of father?
in which period he attended duties on oral orders whether this was after the penalty.?
whether he was prevented from attending duties while not removed and not suspended?
if penalty is set aside whether consequential benefits ordered?

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