Harsh Verma
24 September 2023 at 01:10
Can an original suit and a writ petition be clubbed together? What is the constitutional provisions that allows it? What conditions/grounds to be considered while clubbing them?
Alfesaani.
22 September 2023 at 12:21
Hello.
The public road connecting our plot of land is in such a bad situation, due to heavy trucks plying over it, that it's risky and very difficult to drive one's car over it during the rainy season. After contacting the local authorities to ask for proper construction of the road, they replied that the money they have for works is not sanctioned for road construction at the moment. What legal remedy do we have for that? Can we file a Mandamus petition before the High Court to get the road constructed? Thanks in advance.
Sagar Dada
20 September 2023 at 15:53
I am a freedom fighter grand son no any facilities provide till now from ministry of Home affairs rule I applied for petrol pump in cc2 FF category then. Ministry rule said to me you are not eligible for this because only freedom fighter will present on applying time I said to a officer sir there is no any freedom fighter present in this times all in whole Uttar Pradesh then dependent is present on this time then no any rules for dependent for the petrol pump advertisement from home affairs no any rule came sir this is very bad rule why is not removed this category FF in ministry of petroleum
Anonymous
02 September 2023 at 14:15
Sir,
Pension to govt servants is protected in Article 309.But without promulgation under Article 309,Â
1. Executive order for New pension scheme was notified on 22.12.2003, followed by a PFRDA ordinance which was notified and lapsed April 2003.
2. Again, a fresh PFRDA ordinance was notified immediately.Â
3. After many ordinances lapsed, finally it became Act after passed by parliament in 2014 giving retrospective effect on the executive order notification dated 23.12.2003.
4. Till that time, an executive order notification was over riding pension rules of Article 309.
I have come across many supreme court judgements ruling executive order cannot over ride or change or alter the rules under Article 309 and some not favouring retrospective effect too.
In view of the above, the implementation of NPS can legally valid only after it became law. Can we approach court on the above contention?
Thanks in advance
Anonymous
02 September 2023 at 12:36
Sir,
Pension to govt servants is protected in Article 309.But without promulgation under Article 309,Â
1. Executive order for New pension scheme was notified on 22.12.2003, followed by a PFRDA ordinance which was notified and lapsed April 2003.
2. Again, a fresh PFRDA ordinance was notified immediately.Â
3. After many ordinances lapsed, finally it became Act after passed by parliament in 2014 giving retrospective effect on the executive order notification dated 23.12.2003.
4. Till that time, an executive order notification was over riding pension rules of Article 309.
I have come across many supreme court judgements ruling executive order cannot over ride or change or alter the rules under Article 309 and some not favouring retrospective effect too.
In view of the above, the implementation of NPS can legally valid only after it became law. Can we approach court on the above contention?
Thanks in advance
Durk Jasen
26 July 2023 at 15:50
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Anonymous
21 July 2023 at 15:34
Sir, Namaste
My name is Naresh from Andhra pradesh I have completed 10+2 regular course.
then 3 years degree in ambedkar open university.
Later I did LLB regular. But Andhra Pradesh Bar Council is not registering them.They say they will not enroll as it is an open degree. Please advise me.
Anonymous
21 July 2023 at 14:45
Sir, Namaste
My name is Naresh from Andhra pradesh I have completed 10+2 regular then 3 years degree in ambedkar open university. Later I did LLB regular. But Andhra Pradesh Bar Council is not registering them. They say they will not enroll as it is an open degree. Please advise me.
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01 July 2023 at 07:11
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Claim of damages against former official superior
This query has been posted in the Forum Section couple of days ago. The query is reposted in this Section for more informed response -
I am a retired senior Government Officer. While in service, there had been many instances where I was required to be part of unlawful actions. I had avoided such instructions. In some cases, I had taken action contrary to the instructions. Such actions have been upheld by the Courts.
However, just a couple of months prior to my retirement disciplinary proceeding initiated. Enquiry officer was appointed only after two years when I approached the Tribunal. Enquiry took more than one year. But he did not submit Report. So, another officer was appointed. He also did not complete the proceedings even after two years. Finally, the Tribunal quashed the proceedings for total non-application of mind by the disciplinary authority. I could not get pension, gratuity and other benefits in time because of the pending proceedings.
I wish to proceed against the former superiors including the disciplinary authority and the inquiry officers and claim damages from for them deliberate harassment. Can I file a civil suit in the civil court for the purpose? I do not wish to proceed against the Government.
Read more at: https://www.lawyersclubindia.com/forum/claim-of-damages-against-former-official-superiors-231198.asp
Additional query: After retirement I am permanently settled in my native place. Much of the instances of harassment, such as change of Inquiry Officer etc., have taken place post-retirement. As such, which civil court has the jurisdiction to entertain the suit - the place I am settled presently or the place of retirement (outside my Home State)