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durai (Sub Editor)     10 October 2008

pls help me

Dear all,

your site is very informative and useful to the society. Im S.Duraiarasu, working journalist in chennai. I was suspended by Village panchayat in Dec 2001, when i have been working as Panchayat Clerk (At that time it was a part time job). The newly elected president of the village panchayat was the person who suspended me. He refused to give me the pending salary (2 months). Still today (yes, about 7 years) my suspension continues. No single enquiry has been conducted so for.

They dont give me the subsitence allowance, gratuity and pending salary and travelling allowance. I filed a case in chennai high court. Justice mr.Ibrahim Kalifulla made a order that the subsistence allowance should be given to me and the enquiry should be conducted and finalise the issue within 2 months. The judgement issued in 2003. But the panchayat administraion didnt do the same.

Now Tamilnadu Government regularised the panchayat clerk post as full time clerk. The District administration now says that i was a part time employee in 2001. so they are refusing to give me the pending amount. They dont give me a single answer to my question about enquiry, job continuity etc. The nature of justice is fully violated in my case.

I request you ppl to advice me to what to do and what are the points are favourable to me, and what acts are applicable to me.

thanking yours

Durai.



Learning

 9 Replies

K.C.Suresh (Advocate)     11 October 2008

Approach the HC and file a contempt petition after consulting an Advocate. File a money suit for the dues from pct in the Munsiffs court. Send petition to NHR.


 

sudalaimuthu, (Advocate and Tax Consultant sudalaipearls@rediffmail.com)     11 October 2008

   it is most unfortunate and wt are you doing till such time. the HC have given direction with specified time of 2 months in 2003 . now 2008 for the past five years you have not filed any contempt before HC. it is better to rush the court for contempt.

SHEKHAR MISHRA (public servant)     11 October 2008

A   contempt   petition   in   the   the   concerned    High  Court    is  the  answer  ,my   friend.

Amarjeet yadav (Advocate)     11 October 2008

i suggest u to go for contempt petition to HC as soon as possible along with that make a RTI application to get ur details in writing if they havn,t done anything, then i hope after this they will hurry to solve this. i suggest you to make every representation in writing as this will make them answareable.

prof s c pratihar (medical practitioner &legal studies)     11 October 2008

further to add---- one yr has passed and within that time you have not filed contempt petition.now for good result pl request yr advocate to mention the matter before the bench with prior notice to opposite parties.the honble court will pass some order and you proceed according to that direction.it is a fact that you got good order and you must make use of that.

Pankaj Rai (Lawyer)     12 October 2008

you should file a contempt petition before  Hon'ble High Court of Tamilnadu at  Chennai.

Vikas Kr. Sinha (Labour Lawyer Ranchi Jharkhand)     14 October 2008

Contempt has to be prefrred, but before filing the same you should make a representation before your employer stating all the facts that the delay has been caused due to their fault/ false assurances etc.

TS Bhatia (HR Executive)     14 October 2008

a petetion in high court is the only solution im my view

TS Bhatia (HR Executive)     14 October 2008

a petetion in high court is the only solution im my view


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