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Dhingra P.S.'s Expert Profile

Queries Replied : 19720

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    What kinds of questions I can and can't answer?
    I can answer questions on: Constitutional Law, Labour & Service Law, Taxation, Business Law, Student, Corporate Culture, Education, Management, Leadership, Education, Finance, Telecom, Audit & Accounts, Vigilance, Employee Discipline

    My area of expertise
    Careers, Labour & Service Laws, Accouns & Audit, Management, Leadership, Education, Telecom, Project Finance, Disciplinary Cases, Vigilance, Copyright,

    My experience in the area (years):
    40+ years before retirement from active service and about 10 years, as consultant after retirement from service.

    Organizations I belong to:
    Department of Posts & Department of Telecom & Information Technology

    Publications or writing which has appeared :
    I have at credit 23 publications (Reference Books & Guide Books) at my credit, pertaining to service rules & Procedures, Finance, Accounts & Audit, Taxation, Vigilance & Departmental Inquiries.

    Educational credentials:
    Post Graduate in Management stream

    Award & Honors:
    Actively associated, as member, to accomplish all necessary pre-incorporation formalities for establishment and incorporation of MTNL, a PSU, under DOT. Later, associated to form an Autonomous R&D Centre, TRC Society, under the DOT in 1989

  • Rosalin Mohanty says : Service Bond Breakage
    Hi My question is, I am a civil Engineer & I was joined a private Infrastructure company as a fresher through college campus. When I joined the company, I signed a servive agreement bond for 4 years which says if I leave the company before that i have to pay2,00,000/-. Out of 48 months of service I served for 33 months & though I am a Lady bcoz of marriage reason I left the organization. Before leaving the organization I gave a resignation & served 1 month of notice period as per company nerms & handed over all my duties. I have my educational certificates with the company. The company neither NASCOM registered nor ISO certified company. In this case can the company take any legal action against me? If the company can do this do I need to pay the Bond Breakage amount? Please reply soon, its urgent.

  • Rosalin Mohanty says : hi
    Hi I have wrote one Querry against service bond breakage. Kindly go through the details n share ur knowledge. I ll be greatful to you.

  • Suresh Kumar says : Refund from builder under consumer law
    I Suresh Kumar Sharma, booked of a 2BHK flat in a group housing project of a reputed under construction linked plan . A brief of the problem faced in connection with my booking is as follows: • In July 2008, I booked a 3rd floor flat at a Basic Sales Price (BSP) of Rs. 19.85 Lacs plus PLC of Rs. 1 Lacs. The formal agreement is not signed. However, the application for allotment contained tentative terms to be included in the agreement, which I signed at time of booking. • After the payment of Rs 4.0 Lacs (Rs. 2.0 Lac on booking and Rs 2.0 Lac on demand of 20 % BSP), the BUILDER allotted me a flat in Dec 2008 and asked to make payment for next 10 % of BSP. Three days later, the BUILDER revised the demand to higher amount. When I contacted, the company, the company did not give any written reply but customer care department of builder told me verbally that flat allotted is on ground floor and hence it has higher cost (BSP). • The Builder allotted me a flat on ground floor at a BSP of Rs. 22.85 Lacs + PLC Rs. 2.25 Lacs instead of 3rd floor flat at a BSP of Rs 19.85 Lacs + PLC Rs. 1.0 Lacs as applied in my flat booking application. Builder allotted me a flat which I did not book and that too at a cost which is not as per my application for allotment. Thus Builder failed to allot a flat as applied/booked in my “Application for Allotment”. Hence I did not accept the allotment and requested to make allotment as per my application and informed the company that unless allotment of flat is as per my application further payments shall not be made. • I made numerous written requests to Builder for correcting the allotment, but did not receive any response. I also met builder's official several times in their office they say that I have to accept the allotment and if I do not accept the allotment they will deduct earnest money which is 25 % of the cost. • I made all efforts in requesting Builder to allot me a flat as per my booking application but Builder failed to allot me the flat as. Therefore, I withdrew my booking by sending a letter dated 27th Aug 2009 to the builder, stating that “following procedures suiting your needs and is not abiding by my request for allotment, on 3rd floor, on the prices mentioned on the date, in my ‘Application for allotment’, I hereby withdraw my ‘application for allotment’ of date 31.07.2008, thereby canceling my booking in your aforesaid project. Therein, I also requested builder to refund the amount of Rs 4.0 Lacs I paid toward booking and completing 20% of the BSP”. Subsequent letters written to Builder on 4 Dec 2009, on 5 Jan 2010, 11 June 2010 & 5 Aug 2010 did not yield any result and The builder did not refund the amount till date. Is the case fit to claim refund under law of consumer court. Please advise.

  • Member (Account Deleted) says :
    sir please accord priority

  • Member (Account Deleted) says : Sir, Urgent Please
    I was a non-gazetted Central Government servant. Consequent to my selection by direct recruitment in an Autonomous Body, I submitted technical resignation, and joined the autonomous body as a fresh appointee, without pay-protection or seniority. As I had put in more than 12.5 years of service (from Jun 1998 to Jan 2011), I availed pro rata pension and retirement benefits. As per CCS Rules, persons resigning from service and joining PSU/Autonomous bodies are deemed to have retired from service. Technically or legally, is there difference between 'deemed retirement' and 'retirement'. Also as per CCS Rules, such resignation is treated as a ‘technical formality’. Does that mean that the words ‘resignation’ and ‘technical resignation’ are synonymous, as far as joining a PSU is concerned? Further, does non-mentioning of the words ‘retirement’ or ‘deemed retirement’ affect my retirement status. Do I come under a retired central government servant for all purposes? Can I avail Pensioner CGHS Card, Pensioner Identity Card etc., and any other benefits that are admissible to a retired central government servant? ? As I was non-gazetted and submitted ‘technical resignation’ (which in fact is ‘retirement’), do I need to submit an undertaking stating that I will take prior sanction of the government in case I take up commercial employment within one year from the date of retirement? In case I take up commercial employment within one year from the date of technical resignation, will my pro rata pension and other benefits will continue for life or will they get affected? Further, I was asked to opt for family pension from only one source i.e. either from Central Government or from the autonomous body. Since I am covered under the New Pension Scheme in the autonomous body and since the family pension is only ‘provisionally’ allowed under the New Pension Scheme, I opted for family pension under Central Government. Recently, I came across a letter of Ministry of Personnel, Public Grievances and Pensions (Department of Pension and Pensioner’s Welfare) Letter No.4/10/2006-P&PW(D) dated 14th May 2007, wherein it is stated that the benefit of family pension under Family Pension Scheme, 1971 and Employees Pension Scheme, 1995, in addition to the Family Pension under Rule 54 of the CCS (Pension) Rules, 1972, will be admissible in cases Central Government pensioners who got permanently absorbed in the PSU/Autonomous Body and were compulsorily governed by FPS,1971/EPS, 1995. Kindly clarify whether the provisions of the New Pension Scheme and that of the Employees Pension Scheme 1995/Family Pension Scheme, 1971, different? Further, since the service under the autonomous body and service under the Central Government being two different and distinct services, and is not the same continuous service, can the benefit of family pension under the New Pension Scheme which is allowed in the case of other employees recruited along with me, be denied for me by the central government by asking me to opt for a single family pension, just because I was a central government servant previously. In case, by all means, only single family pension is to be allowed, can I change my option of family pension, at a later date, in case the family pension is ‘permanently’ allowed under New Pension Scheme, and the same is more beneficial to me? Or will my family has the option to opt for a family pension from either of the two family pensions, in case such a situation arises? Is a pro rata pensioner different from a pensioner who retired in normal course after completion of 20 years or superannuation? And whether there is any such condition, implicit or otherwise, that a person has to continue in the service of autonomous body, after availing pro rata pensionary benefits, else his pensionary benefits will be stopped. Thanking in anticipation, Regards K Madhu

Comment Please

  

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