Vijay Kumar
12 September 2024 at 13:44
Whether State Bank of India (Supervising Staff) Rules, 1975 are still in force?
If yes, kindly share web link.
My area of search is:
An SBI Officer punished in Disciplinary proceedings, was inflicted minor penalty of Recovery from pay.
But not given Personal Hearing despite request.
Deepu Singh
12 September 2024 at 11:12
Greeting to all, I am commenting a future scenario that will happen with me in probably 3-4 months and I want the guidance of the experts just like you people. About me, I am working as Stenographer (Level - 4) 2400 G.P. and appointed in Western Railways Headquarters on 08/09/2022. The thing is, by community, I belong to Scheduled Caste but in the application form while applying for the Stenographer (Level - 4) 2400 G.P. in Western Railways, I had not attached/uploaded my S.C. certificate. So, I am appointed in Western Railways as a General candidate. Meanwhile, I have applied for different posts in other departments (Central/State Government), as a SC candidate, after getting the NOC from my present Employer i.e., Western Railways. Now, suppose I qualify for the post of PERSONAL ASSISTANT in the DSSSB PERSONAL ASSISTANT, SENIOR PERSONAL ASSISTANT & JUNIOR JUDICIAL ASSISTANT EXAMINATION which I have already applied previously. Will there be any problem when I will apply for Technical Resignation in the present department i.e., Western Railways? I was going through the DoPT Rules of Technical Resignation (https://doptcirculars.nic.in/OM/ViewOM.aspx?id=279&headid=14) but didn’t understood. My main concern is when my service book transfers from Western Railways to DSSSB department (it would be a court as the vacancies lie only in courts for the post abovementioned), is it going to create any issues in the appointment process in the Court as the community is going to be mismatched?
mahmood mithani
11 September 2024 at 14:47
Our is a housing society registered with MCS Act,1960, being a chairman of the society want to clarify if a society can charge monthly for dedicated car & bike parking charges - being a charge as a upkeep/ maintenance of car / bike parking in the building compound. i would highly appreciate if someone give legal opinion on the above thank you
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
AJITKUMAR N PARMAR
10 September 2024 at 11:39
Sir, I am working as LDC in GOI, the post of LDC is isolated. My qualification is B.Com LL.B, In my Office the Post of Legal Assistant is vacant since 1995 to till date. Having a legal qualification, my office is utilized my service as legal assistant like court case hearing attending, filing FIR, assisting to authorized officer for power loom inspection under Implementation of Handlooms (RAP) Act’1985. During advertisement of legal assistant in my department I have applied for the post of legal assistant in 2010 with request to consider my application with apply section 6 relaxation of power as per RRs. However, the department is not put up my relaxation application on file and not submitted to higher officer for decision because my post is LDC is isolated and my application for the post of legal assistant is not considered. So then I have, file my case in CAT and order issued in favour of me. Then the department filed SCA in HC of Gujarat. The HC of Gujarat partly allowed order.
Sir, please clarify me as per HC order point No. 8, i.e. However, we direct the petitioners to examine the record for ascertaining the period for which the respondent was assigned the work of Legal Assistant, and pay him wages of the post of Legal Assistant for that period. As per this order I am entitle wage /pay of legal assistant for the whole period or for day in the period as ascertained by the department. The department ascertained the period is 04.11.1996 to 31.10.2012.
CAT, Ahmedabad Order:
The applicant had been selected as LDC, but he had the qualification of a lawyer and, therefore the department had very wisely utilized his service as legal assistant from 1996 onwards. He had been given a charge allowance of Rs. 2500/- somewhere during 2008. Apparently, from an earlier point onwards the applicant had requested for scale of pay of legal assistant, but that has not been granted on the ground that charge allowance has been given to him for performing higher responsible duties. the department also admits that his services have been utilized as legal assistant. their case is that he has not been legally appointed as legal assistant and therefore he cannot be granted the pay scale of legal assistant and, therefore contended by them that he is actually helping in the work of legal assistant and he is not actually appointed legal assistant and therefore he is not entitled for the pay scale of legal assistant. but this will not do. if the respondents were extracting the work of legal assistant, they are bound to pay for the work which he is performing. Therefore we will hold that the applicant will be entitled to the scale of pay for the work which is has been doing and not as per his appointment, which is technical in nature. Therefore it is ordered to grant him pay scale of legal assistant and to pay arrears arising thereform within three months.
2. At this point of time, the respondents raise issue regarding RR for methodology of deputation / absorption of legal assistant. there will not be any harm for the respondents either to depute or absorb him as legal assistant according to the rules and interpretation. it is crystal clear that having put the applicant to serve as legal assistant, he should have been paid wages of legal assistant. in this connection it is noted that the respondents have power to relax RR and having his services utilized, this discretion to exercise the relaxation also is very prominent.
ORAL JUDGMENT Hon’ble High Court of Gujarat
(PER : HONOURABLE MR.JUSTICE A.S. SUPEHIA) (1) RULE. Ms.Reena Kamani, learned advocate, appears and waives service of rule on behalf of the Respondent. With consent of the learned advocates appearing on behalf of the respective parties, the petition is taken up for final hearing forthwith. (2) Present petition is directed against the judgment and order dated 26.11.2015 passed by the Central Administrative Tribunal wherein and whereby the O.A No.250 of 2012 filed by the Respondent Original Applicant challenging the action of non granting of pay scale of the post of Legal Assistant is allowed. (3) The facts of the present petition in nutshell are that the present Respondent was appointed as Lower Division Clerk (LDC) on 04.11.1996. It appears from the record that the petitioner authorities were taking additional services of the Respondent as Legal Assistant as he was duly qualified for the said post. The Respondent requested the authorities to absorb him in regular service as Legal Assistant by relaxing the recruitment rules as there was no other avenue of promotion available to him. Since the respondent was not considered fit for the post of Legal Assistant, he was constrained to approach the Learned Tribunal challenging the said action of the petitioner authorities. The learned Tribunal vide judgment and order dated 26.11.2016 directed the petitioner authorities to absorb the respondent original applicant as Legal Assistant and pay him wages of the said post as he had worked as such. (4) Ms. Avani S Mehta, learned Advocate appearing on behalf of the petitioners, has vehemently submitted that the learned Tribunal has erred in directing the authorities to absorb the respondent as Legal Assistant as same is de hors the recruitment rules. She has submitted that the recruitment to the post of Legal Assistant is to be made by the department as per the recommendation of Union Public Service Commission (UPSC) after following up the process for filling up the post as per the mode and method of selection/recruitment provided under the Recruitment Rules. Accordingly, an advertisement was issued for filling up the post. The application of the Respondent was scrutinized by the department, and he was found ineligible. She has submitted that in wake of the aforesaid facts the learned Tribunal could not have directed the petitioners to absorb the respondent as Legal Assistant. She has also further submitted that the learned Tribunal has fell in error by directing the petitioners to pay wages of the Legal Assistant to the Respondent, as the duties which the petitioner were discharging cannot be construed as performing the duties of Legal Assistant. No further contention is raised. (5) Ms.Reena Kamani, learned Advocate appearing for the Respondent, has submitted that the judgment and order of learned tribunal does not required interference, and the same is required to be sustained. She has submitted that the learned Tribunal is justified in giving the direction of absorbing the respondent as Legal Assistant since he was performing his duties as such since 1996. She has also vehemently submitted that action of the petitioners in not paying the wages/salary as Legal Assistant to the respondent, despite having worked as such, is illegal and arbitrary. (6) We have heard the respective advocates appearing on behalf of the parties. After careful scrutiny of the judgment delivered by the learned Tribunal and on examination of the documents on record, we are of the opinion that the direction given by the learned Tribunal for absorbing the Respondent as Legal Assistant calls for interference as the same is erroneous and against the settled legal principles of law. (7) It is undisputed fact that the department had issued an advertisement for filling up the post of Legal Assistant. The same was also circulated. The application of the respondent for appointment to the post of Legal Assistant was examined by the department, and he was found ineligible for the same. The respondent is not eligible to be appointed as Legal Assistant as he does not fulfill the eligibility criteria of “having 3 years regular service in the posts in the scale of Rs.5000-8000 or 6 years regular service in the posts in the scale of Rs.4000-7000 or equivalent. The UPSC had specifically denied any relaxation of the Recruitment Rules while examining the applications of the employees. Thus, the learned Tribunal has exceeded its jurisdiction in issuing the directions for absorbing the respondent de hors the Recruitment Rules. It is settled law that an employee cannot be absorbed or regularized on a post if he does not qualify for the same. Merely the respondent was assigned the work of Legal Assistant, he cannot claim the right of being absorbed/appointed to the post of Legal Assistant that too by relaxing the Rules. Hence, the aforesaid direction issued by the learned Tribunal is quashed and set aside. (8) So far as the contention of Ms.Ramani for entitlement of wages for the period the respondent worked as Legal Assistant is concerned, we find merit in the same. Learned Advocate Ms.Avani Mehta is unable to dispute the contents of Letter dated 12.11.2008 issued by the petitionerauthorities wherein it is specifically stated that services of the respondent was utilized as Legal Assistant as he possess legal qualification (LL.B), and further request was made to pay him honorarium for such service. It seems that thereafter the respondent was paid an honorarium of Rs.2,500/per year as evident from the Letter dated 20.07.2011. Thus, the respondent was only paid a meager amount of Rs.2,500/- as honorarium per year for the services rendered by him as Legal Assistant. It is undisputed fact that the post of Legal Assistant was lying vacant and the respondent used to perform duties of Legal Assistant. In our considered opinion the Respondent is entitled to wages/salary of Legal Assistant for the period he worked as such. Ms.Ramani states that the respondent was rendering his service as Legal Assistant since 1996, whereas Ms.Avani Mehta has asserted that his services were utilized as such since 2008. We would like to abstain ourselves from entering into disputed question. However, we direct the petitioners to examine the record for ascertaining the period for which the respondent was assigned the work of Legal Assistant, and pay him wages of the post of Legal Assistant for that period. The amount of honorarium granted to the Respondent shall be adjusted while computing the wages of the petitioner for period in question. The entire exercise shall be completed within a period of three months from today. (9) The petition is partly allowed. Rule is made absolute to the aforesaid extent. Sd/[ M.R.SHAH, J] Sd/[ A.S.SUPEHIA, J]
The
05 September 2024 at 16:56
𝐈’𝐦 𝐧𝐨𝐭 𝐚 𝐫𝐞𝐯𝐢𝐞𝐰 𝐭𝐲𝐩𝐞 𝐧𝐨𝐫𝐦𝐚𝐥𝐥𝐲 𝐈 𝐣𝐮𝐬𝐭 𝐮𝐬𝐞 𝐦𝐲 𝐩𝐫𝐨𝐝𝐮𝐜𝐭 𝐚𝐧𝐝 𝐥𝐞𝐚𝐯𝐞 . 𝐁𝐮𝐭 𝐡𝐞𝐫𝐞 𝐈 𝐚𝐦 𝐚𝐧𝐝 𝐭𝐡𝐚𝐭’𝐬 𝐜𝐚𝐮𝐬𝐞 𝐈’𝐦 𝐬𝐮𝐩𝐞𝐫 𝐞𝐱𝐜𝐢𝐭𝐞𝐝 𝐚𝐛𝐨𝐮𝐭 𝐭𝐡𝐢𝐬 𝐀𝐩𝐩 , 𝐌𝐬𝐩𝐲 𝐢𝐬 𝐟𝐚𝐧𝐭𝐚𝐬𝐭𝐢𝐜 𝐛𝐮𝐭 𝐡𝐨𝐰 𝐦𝐮𝐜𝐡 𝐦𝐨𝐫𝐞 𝐜𝐚𝐧 𝐲𝐨𝐮 𝐞𝐱𝐩𝐥𝐨𝐫𝐞 𝐭𝐡𝐢𝐬 𝐚𝐩𝐩 , 𝐟𝐢𝐫𝐬𝐭 𝐚𝐧𝐧𝐨𝐲𝐢𝐧𝐠 𝐚𝐬 𝐈 𝐜𝐨𝐮𝐥𝐝𝐧’𝐭 𝐧𝐚𝐯𝐢𝐠𝐚𝐭𝐞 𝐭𝐨 𝐭𝐡𝐞 𝐩𝐨𝐢𝐧𝐭𝐬 𝐈 𝐰𝐚𝐧𝐭 , 𝐥𝐚𝐭𝐞 𝐠𝐩𝐬 𝐮𝐩𝐝𝐚𝐭𝐞 𝐚𝐧𝐝 𝐬𝐭𝐢𝐥𝐥 𝐠𝐨𝐭 𝐦𝐲 𝐦𝐨𝐧𝐞𝐲 𝐝𝐞𝐝𝐮𝐜𝐭𝐞𝐝 𝐠𝐨𝐭 𝐦𝐞 𝐦𝐚𝐝 𝐛𝐮𝐭 𝐈 𝐬𝐚𝐰 𝐚 𝐫𝐞𝐯𝐢𝐞𝐰 𝐨𝐧 𝐚 𝐰𝐞𝐛𝐬𝐢𝐭𝐞 𝐦𝐨𝐧𝐭𝐡𝐬 𝐛𝐚𝐜𝐤 𝐚𝐛𝐨𝐮𝐭 𝐚 𝐩𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥 𝐡𝐚𝐜𝐤𝐞𝐫𝐬 𝐇𝐀𝐂𝐊𝐄𝐑𝟏𝟏𝐓𝐄𝐂𝐇 𝐈 𝐰𝐫𝐨𝐭𝐞 𝐭𝐨 𝐡𝐢𝐦 𝐯𝐢𝐚 𝐇𝐀𝐂𝐊𝐄𝐑𝟏𝟏𝐓𝐄𝐂𝐇 @ 𝐆𝐌 𝐀𝐈𝐋 𝐂𝐎𝐌 𝐭𝐡𝐚𝐭 𝐡𝐞 𝐢𝐬 𝐭𝐡𝐞 𝐛𝐞𝐬𝐭 𝐭𝐨 𝐡𝐞𝐥𝐩 𝐲𝐨𝐮 𝐨𝐮𝐭 𝐨𝐧 𝐢𝐬𝐬𝐮𝐞𝐬 𝐥𝐢𝐤𝐞 𝐭𝐡𝐢𝐬 , 𝐈 𝐝𝐞𝐜𝐢𝐝𝐞𝐝 𝐭𝐨 𝐠𝐢𝐯𝐞 𝐢𝐭 𝐚 𝐭𝐫𝐲 , 𝐥𝐢𝐟𝐞 𝐢𝐭𝐬𝐞𝐥𝐟 𝐢𝐬 𝐚𝐥𝐥 𝐚𝐛𝐨𝐮𝐭 𝐫𝐢𝐬𝐤 𝐚𝐧𝐲𝐰𝐚𝐲𝐬 𝐛𝐮𝐭 𝐈’𝐝 𝐝𝐞𝐟𝐢𝐧𝐢𝐭𝐞𝐥𝐲 𝐬𝐚𝐲 𝐢𝐭’𝐬 𝐝𝐚𝐦𝐧 𝐰𝐨𝐫𝐭𝐡 𝐢𝐭
Anonymous
05 September 2024 at 06:57
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Anonymous
05 September 2024 at 06:43
I couldn't never thought I was going to get my EX lover back but the moment I contacted Dr Ughulu I got her back within 24 hours. I saw Dr ughulu on a group of United states so i visited his page and I saw he is spell caster so i decided to send him a message for him to help me bring back my wife so I texted him and i give him the reason why i text him and he said it shouldn't bother me i am getting her back immediately i was so very happy Dr ughulu arrange everything to cast a love spell on her that brought back my wife within 24 hours. She's now with me. I'm very grateful to know Dr Ughulu. Thank you so much sir.
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AK New Delhi
04 September 2024 at 15:35
I want to file a case in CGRF Court BSES Rajdhani against a "speaking order" passed by BSES Rajdhani for disconnection of my electricity connetion at home. Presently the Delhi High Court has stayed the disconnection order and has directed me to approach the CGRF BSES Rajdhani Court and seek further relief from them. I reside in vasant vihar, New Delhi PIN 110057. In which CGRF BSES Rajdhani court in Delhi the case shall be filed?
gk
04 September 2024 at 09:29
Dear Experts,
Good Morning.
We, the Apartments Owners Association has been formed and registered under the 1860 Societies Registration Act XXI in 2023 September along with all those completed formalities including submission of the "first GBM approved Bylaws".
In the above bylaws (already reviewed and approved by the district registrar office in 2023)we have mentioned regarding the mode of conducting the meeting (both EC-Executive Committee and General Body Body including AGM) as below:
"if required, the President can decide to make it either online like google meet or for a hybrid mode (online cum direct)"
With reference to this point, the first AGM in last month August 2024, we have conducted the meeting in google meet mainly to submit the financial statements/audit reports of the 2023-24 year and for the "election of new team as office Bearers and EC members for the association" with ref to our approved bylaws. Thus, through the google meet we have elected a new team of office Bearers and EC members which has been accepted and approved by the GBM/members online.
Now as the part of the Annual Certification/Registration renewal, we have submitted the relevant minutes of the above Google meet AGM, attendance sheet of the members in the meeting etc. along with newly elected members list and the audit reports for their review and approval.
But the registration office denied to approve the same stating that Googlemeet is not allowed or approved by the Govt for such matters including the AGM or election of team etc.
How Asdociation can produce the proper evidence without the signatures of the members attended ..... is also the main query they have.
Now, my queries are as follows:
1. Whether anything is mentioned in the 1860 Societies Act specifically indicating the administrational norms of the registered apartment association including how to conduct the meetings, how to prepare the minutes, who should review the meeting or approve it - that we should follow and write in the Bylaws?
2. Otherwise based on which reference we should make our Bylaws?
3. If the clauses and statements in the approved (approved by the distvregistervoffice) bylaws are not for the implementation, then what is the purpose of such bylaw?
We are now in such a scenario that unable to move forward.
Anticipating expertised advice and suggestions to move ahead.
Thanking you
GOPALAKRISHNAN
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