Vasudevan
15 March 2024 at 12:43
Respected Learned Experts, I have leased out my premises to a Central Government Corporation for a period of 5 years. After the period of five years, I have demanded the revision of rent of 20% additional to the existing rate. The Officer in charge has refused to revise and orally informed that they shall vacate the premises. Even after the lapse of 1 year, they have neither renewed the lease nor vacated the premises. They are paying the old rent for the past 1 year directly to my account. In the above circumstances, how can either I revise the rent or vacate the Corporation. If any case laws in the matter may please be mentioned in y our response. Thanks to all the Learned Experts in anticipation.
With respectful regards.
Vasudevan
29 December 2023 at 18:30
Respected Learned Experts, my department has filed a Writ Petition against the order passed by the Central Administrative Tribunal, Chennai. The order passed by CAT is in my favour. Against which, my department has filed WP in 2022. The High Court is pleased to pass an order on 07.12.2022 "Notice and Private Notice 4 weeks for admission". Even after the lapse of 1 year, the WP is not listed for admission. In the above circumstances, whether I may approach the CAT for execution of the order passed as there is no stay granted by the High Court till date. As I am appearing as Party in person before the CAT and High Court, I may kindly be advised. Is there any provision for listing of case in the High Court at an early date as I am a senior citizen. Please spare your valuable time and guide me in the proper direction. Thanks to all Learned Experts in anticipation.
Vasudevan
13 December 2023 at 15:24
Respected Learned Experts. I had filed a case for eviction and repossession of a rented property. After a period of 3 years of case. the tenant's advocate has informed the court that they want to vacate the property. The judge has instructed to file petition accordingly. If a joint compromise petition is filed, I had been informed that the case shall be dismissed accordingly. If the tenant thereafter refuse to vacate the premises, whether I can restore/reopen the case? As I am appearing as party in person, I request the Learned Expert to guide in this matter. Please mention the clauses to be included in the petition so as my right of repossession shall not be changed. Thanks to all the Learned Experts in anticipation.
Vasudevan
23 October 2023 at 12:51
Respected Learned Experts, I had filed an OA before CAT, Chennai Bench against the order of my department relating to payment of gratuity. The CAT Bench, has remitted back the issue to my department to pass a speaking order within a period of 3 months as the earlier order passed was cryptic. The period of 3 months has been completed in the middle of Sep.2023, but no order was passed. Hence I have issued a show cause notice by name to the officers of my department for initiating contempt proceedings. Now, the department is filing a Misc. Application before the CAT Bench for extension of time for a period of 6 months and condone delay petition for delay in filing the time extension petition. How can I defend those Misc. Applications? What is the general rule provisions in the matter? Is there any judgment on turning down the Misc. Application? As I am appearing as Party In Person, I request the Learned Experts kindly to share their valuable knowledge on the issue and oblige. Thank you to all the Learned Experts, in anticipation.
Vasudevan
05 October 2023 at 16:42
Respected Learned Experts, I had been suspended following the action of CBI-ACB along with my colleague. Both were tried with two separate criminal cases by CBI. The criminal case after examining all the witnesses had acquitted myself and my colleague. My department has regularized the services of my colleague but turned down my request for regularization of suspension period. The judgment of both of us contains the same wordings except the names. There is no departmental action on the issue for both of us. Is there any judgment or administrative circulars for regularization of suspension period. I am going to contest the case as Party In Person. Hence, I shall be much grateful if any body provide me the guiding authority to regulate the suspension period issued either by court or personnel department. I am governed my CCS Rules. Thanks in anticipation to all the Learned Experts.
Vasudevan
28 September 2023 at 16:12
Writ Petition has been filed by the department challenging the order of the CAT Bench, Chennai. I had been informed by the department through Advocate's Notice in Feb.2023. I had filed a WMP requesting the High Court to appear myself as party in person. Thereafter, the case was not listed by the High Court. I have not been served with the Respondent's copy of the paper book filed by the Petitioner till date. I had written letters to both the Registrar and the Petitioner's Advocate to serve the paper book which ended in vain. Now I got a soft copy of the Affidavit filed by the department. Whether I can file the counter affidavit based on the soft copy of the Affidavit filed by the Petitioner. Whether I have to pray for condonation of delay in filing the counter affidavit as it is 6 months late by means of separate petition. Whether the reason for not getting the petitioner booklet is a valid ground delay. Please enlight me the meaning of term 'rule nisi'. Thanks to all Learned Experts in anticipation.
Vasudevan
20 September 2023 at 19:46
Respected Learned Experts,I had engaged an Advocate for a tenancy dispute before the lower court (Addl. District Munsiff Court). I had paid him 50% of the fee already. Now my advocate license was suspended by the bar council due to some allegations against my advocate, for which I am not the reason. For the past 1 year I was appearing and seeking adjournment as per the advise of my advocate. Now, the Judge has refused to give further adjournment and directed to conduct the case from the next hearing. My advocate neither returns the papers nor giving NOC and demanding full fees to do so. When I approach the other advocates, they are asking to get NOC and the case papers from my advocate. Whether I can appear as Party In Person before the District Munsiff? If so, please clarify whether I have to file Memo or Miscellaneous Petition seeking for permission to appear as party in person? Please also share any draft petition in the matter, if possible. Thanks to all Learned Experts in anticipation.
Vasudevan
09 August 2023 at 16:42
Respected Learned Expert(s), I was suspended by my department pending criminal case. The criminal case was ended in my favour after a full trial. My department has denied to regularise the suspension period stating that I had been acquitted on technical grounds and benefit of doubt and ordered to treat it as dies non period. I had challenged the order before CAT. The CAT is pleased to pass an order in my favour. However, my department has filed appeal before the High Court. However, to my limited knowledge, I understand that Section 28 of Administrative Tribunal Act, 1985 excludes jurisdiction of courts except Supreme Court in relation to service matters. I therefore request the Learned Expert(s) kindly to clarify whether the High Court has jurisdiction to entertain the appeal against the order of CAT? If not, any case law in the matter be informed. As I intend to appear as Party in Person, before the High Court, I pray the Learned Expert(s) kindly to give their valuable opinion on the issue.
Thanks to all Learned Expert(s) in anticipation.
Vasudevan
28 July 2023 at 20:12
Respected Learned Experts, I had filed an OA before the CAT, Chennai on treatment of suspension period and I won the case. Now my department has filed Writ Petition before the Bench challenging the CAT order. The Advocate of the department has sent me a letter duly informing me that a Writ Petition has been filed. However, no copies of the petition and their enclosures were endorsed to me either by the Advocate or by the Registry. I would like to file my reply version and intended to appear as party in person. Can I have been clarified what is meant by typed set of papers and coding sheet which are required to be filed along with the reply. Many thanks to all the experts in anticipation.
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Non receipt of order passed by cat
Respected Learned Expert(s), I had filed an Original Application for MACP benefits before the Central Administrative Tribunal, Chennai Bench and appeared as party in person. My OA was remitted back to my department with direction to pass appropriate order under the applicable rules by the Bench at he admission stage itself. However, the written order order of the CAT Bench has not been served to me even after the lapse of 2 months. I had sent an e-mail to the Registrar (Judicial) in the matter but in vain. What is the procedure to get the written order? Is there any mention letter form is available in CAT Procedure Rules? Kindly guide me to get the written orders in peaceful manner please. Advance thanks to all Learned Experts in anticipation.