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Queries Participated

kumarjainn   14 February 2017 at 23:39

Judgement clarification

sir
I have posed this qs earlier also in the year 2011 now I am again coming with new question in this judgement in my case No. 4545/2000, Delhi High Court.
I was not considered for promotion in the year 1998 from the post of Sc.'C' to Sc. 'D' due to wrong implementation of the rules. I filed a case in CAT. Finally in the year 2011 i succeeded in High court and the judgement was delivered as below. However in the meantime I got promoted from Sc. 'C' to Sc'D' in the year 2001 and subsequently I got promotion as Sc. 'E' and Sc. 'F' . there is contradiction in para 8 and para 9 of the judgement. The last two para 8 and 9 of the judgement are given below:

Para 8.Since the petition filed by the petitioner succeed on this ground itself, it is not necessary to deal with the other contention rested on the retrospective operation of the said rule. Accordingly
W.P. (C) 4545/2000 Page 12 of 12
rule is made absolute. The impugned judgment dated 1st May, 2000 passed by the Central Administrative Tribunal is hereby set aside. The O.A. filed by the petitioner before the Tribunal is allowed. As a consequence, direction is issued to the respondent to reconsider the case of the petitioner by holding review DPC and if found suitable for promotion, the petitioner be accorded promotion to the post of scientist "D‟ with effect from the date his juniors were promoted on the basis of Internal Screening Committee which was held on 1st July, 1998.
Para 9. We are informed that the petitioner was subsequently given promotion to the post of scientist 'D‟ w.e.f. 1st July, 1998, he shall be given arrears on repromoted post from 1st July, 1998 to 30th July, 2001 and shall also be entitled to consequential benefits of seniority and promotion etc.
10. Since the respondents have not appeared, no order as to costs.
(A.K. SIKRI) JUDGE (M.L. MEHTA) JUDGE JULY 7,2011 skb

Note: there is a typing error in para 9 in place of (w.e.f. 1st July, 1998 it should be 1st July, 2001)
From the above it is clear that Paara 8 and 9 are contradicting. Paara 8 says that to consider my case for promotion in the year 1998 on the basis recommendation of the review DPC.
And para 9 says to as I am promoted in the year 2001 I should be given promotion w.e.f. 1998 with arrears and consequential benefit. That is Review DPC/assessment is not required.
The department implemented Para 8. I was directed to appear before the Review DPC for the year 1998. Then I received a letter intimating me that the review DPC did not find me fit for promotion in the year 1998. I was not given promotion from the year 1998 etc.
The department implemented the para 8 of the judgement no doubt. fine
But department has not implemented the Para 9 of the judgement according to which since i was promoted to the post of Scientist 'D' in the year 2001 I should have been given promotion from the year 1998 with arrears and consequential benefits.
This para does not ask for the views of review DPC. The result of 2001 has to be implemented with effect from 1998.
Thus Para 9 of the judgement has not been implemented. IS it a fit case for filing contempt of court or not. If yes,
can I file contempt for not implementing para 9 of the judgement now after a delay of five years. pl advice.

In fact department should have implemented para 9 of the judgment which is final para of the judgment. In case department department wishes to implement para 8 it should also implement para 9 of the judgment. my contention is Not implementing para 9 of the judgment is contempt of court.


kumarjainn   11 February 2017 at 16:53

Cooperative society

sir
i am a original member of cooperative society since 1991 in ghaziabad U.P. 250 members formed a society for getting a lot in the society measuring 100/150/200 sq yards. Instead the society started construction of flat in the society and 7 towers of 20 floors each are erected in the plot. there are 250 members in the cooperative society. 1200 flats are being built in 7 towers. The flats will be sold to non members. the society made an agreement with the builder to construct the flats and give one flat to each member who own plot and sell the rest to non members to get his cost recovered. Now the society sent a demand note for deposting Rs. twelve laks to members in lieu of flat at concessional rate. The byelaws have not been changed.
Is it not illegal to construct flats in the land . when the society is of plot.
how can they sell flats to non members.
President and secretary have been dismissed for irregularity in the society. they made 572 members who could not get registered in Lucknow Cooperative office as the membership could not be increased from 250.
what to do . they have taken huge money from these members in a separate bank account in the name of society. the money is not accounted in the society and the bank balance is nil in that account . Out of 250 original members the around 100 memebrs resigned from the society in the year 2006 and new members were made in the society. The society terminated the memebrship of 100 members when their illegal demand notice was not deposited by the members. The membership of these 100 members was restored by court order. At present the society does not have a quorum of two third members required to attend the meeting for amendment in bylaws. what is the fate. will we get plot or have to take one flat or all 1200 flats have to be distributed/sold to 250 members.

kumarjainn   19 November 2015 at 20:35

Temperory duty

sir
working in central govt. I had to go to temp.duty by Air India flight economy class at 10 A.M. Due to traffic Jam I was late by 2 minutes and therefore could not get the boarding pass. A new ticket had to be purchased for another flight at 1 P.M on the same date. Thus I lost around Rs. 5500/- on the old ticket as no amount was refunded. Can I get this amount reimbursed from the govt. as I was going for temp. duty and the flight was missed because of Traffic jam.
Pl. let me know the authority/Rules thanks

kumarjainn   03 August 2015 at 19:43

Non filing of income tax return

sir
i am a house wife. my income is less than Rs. one lakh per year. i do not file return. before marriage i was an advocate . My saving is in form of fd and shares. i have received a letter from income tax department for not filing income tax return in the year 2012-13. i mentioned in the compliance that my income is not in taxable limit. I received a letter from the income tax department that " you have submitted snap shot of confirmation on submission of compliace request instead of acknowledgement of your compliance in response to our letter dated 10.7.15. therefore you are requested to submit a copy to the office of the undersigend within 7 days of the receipt of this letter
what does this means . i do not file return because my income is not in taxable limit. pl. advice what to do

kumarjainn   17 July 2015 at 19:14

Ta/da on temp duty

sir
three senior govt officers working in same office in Delhi were asked to attend a training program from 9 a.m. to 5.30 p.n. of four days in Delhi . The training is treated as duty. The training institute is at a distance of more than 8 kms from their permanent duty point/place of residence. As the residence of them are too far from each other all the three went in their car to attend the course. Are they individually entitled to get Traveling allowance and Daily allowance (TA /DA) for attending the course or the duty point will be deemed to be shifted to the training place and no TA/DA is admissible as they are getting Transport allowance. Or the claim will be rejected as they have not taken a shared taxi or travelling allowance will be limited to share taxi.

kumarjainn   26 June 2015 at 20:05

Leave travel concession

sir
working in central govt. since over 20 years. Not a fresh recruite. Father, wholly dependent, traveled from Home town to place of working of his son i.e. head quarter where the son is employed and returned back. is the LTC claim acceptable. Is he allowed to travel from home town to headquarter and return back to home town under LTC rules. pl advice.

kumarjainn   13 April 2015 at 22:13

Leave travel concession - ltc

sir
the parents are wholly dependent on the govt servant working in delhi. The parents are staying in Home town. they visited delhi and returned to home town. are they entitled for LTC .

The rule is as follows:
It is not necessary for the parents/step-parents /spouse/children to reside with the government servant so as to be eligible for the concession. The concession in their cases shall, however, be restricted to the actual distance travelled or the distane between the headqsuarters of the government servant and the Home town/place of visit, whichever is less.


The parents have travelled to Delhi (i.e. headquarter and returned back) so will the LTC reimbursable amount be zero or can get the total expenditure incurred in LTC.

kumarjainn   18 October 2014 at 03:18

Leave travel concession

sir
An airline ticket was booked by non authorised agent to avail Leave Travel Concession (LTC) available to govt. employee in 2010 to visit kashmir by private airlines.At that time travel by private airline was allowed for visiting kashmir. The brokerage commission was not claimed. The reimbursement was received. Now it has been asked to return the amount as the ticket was booked by non authorised agent. what are the rules. is anybody competent to relax the rules.

kumarjainn   18 January 2014 at 16:45

Mtech course on tour

sir
when a central govt employee is sent for study Mtech 24 months course is he entitled to receive Transport allowance or dearness allowance or both
1. for how much period
2. whether he goes for course in local headquarter city or in another city.
pl also give reference
thanks

kumarjainn   02 January 2014 at 21:13

Commuted leave

sir
can a central govt. employee take commuted leave for few days without medical certificate. if so for how many days. what is the reference letter no.
thanks