murali (engineer) 12 March 2011

SERVICE

DEAR SIRS

I HAVE FILED A CASE IN CAT CHENNAI BENCH AND THE SAME HAS BEEN DISPOSED AT THE ADMISSION STAGE ITSELF WITH DIRECTION TO GOVT TO ISSUE A SPEAKING ORDER. AGAIN I HAVE CHALLENGED THE SAID SPEAKING ORDER AND NONE OF THE PRIVATE RESPONDENTS COUNTERED THE CASE AND THE CASE HAS BEEN DISPOSED IN FAVOUR OF ME. THE GOVT PREFEERED AN APPEAL IN THE HIGH COURT AND HERE ALSO THE PRIVATE RESPONDENTS HAVE NOT FILED THEIR COUNTER AFFIDAVITS AND THE CASE AGAIN DISPOSED IN FAVOUR OF ME. NOW THE GOVT FILED A SLPIN APEX COURT.THE PRIVATE RESPONDENTS IMPLEAD INTHIS CASE. PL CLARIFY WHETHER THEY HAVE ANY LOCUS STANDI TO IMPLEAD. WHETHER THEY CAN RAISE ANY FRESH ISSUES OR CHALLENGE THE CONTENTS OF THE SPEAKING ORDER ONLY.

THANKING YOU SIRS

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3 Replies

Kirti Kar Tripathi (lawyer) 13 March 2011

if they were partes before the erlier courts/tribunal therefore, the are still necessary parties. qustion of not filin of there counter in earlier court has no relevancy before apex court . if notices are issued to them, they can file their reply fore the apex court.

Backiaraj (Asst. Manager) 25 March 2011

My father is an ex-serviceman and has served in indian army for 17 years.

He has got second marriage during his tenure. After the second marriage, he has worked for 4 years. He has been discharged on the administrative ground rule for the second marrige. Is that 4 years of service is invalid for the purpose of pension or can we accumulate the service.

Kindly advice me on this with the light of Pension rules.

Sudhir Kumar, Advocate (Advocate) 20 November 2011

You father has served all the four years till he was discharged. Entire period has to count for pension. How this question came to your mind. Your query shows only half facts. It is also not clear whether this was compulsory retirement or dismissal or termination. In case of dismissal/termination entire period will forefeit. Do not ever expect to get a proper advise by hiding facts.