Anonymous
11 April 2021 at 21:13
My father was central govt employee. He went missing in 1999. My mother lodged FIR in 1999 and after a year, police submitted their non traceable report to the dept. Dept told my mother that she can only apply for family pension after the period of 7 years. She went in 2007-08 but They told my mother that my father is removed from services.
I filed RTI in 2015 to know the reason of his removal. I got to know that they filed charge sheet on the basis of absence on duty. We challenged the removal order in tribunal. Now they replied that there is other name in nomination so the dept is now saying that the nominated person is first wife of my father. So my mother is not entitled for family pension. My mother never heard her name from my father/in laws. My grandmother was died when my father was 5 and my grandfather died 20 years ago. We also not in touch with our father's brother.
I went to our native village to confirm from the people who know my grandfather/father. One of them told me that she was his first wife but she left him because my father was mentally upset. She filed divorce decree after 6 months of marriage. Ex parte decision was in her favour and she granted divorce. After some years, she got married to another person and my father got married to my mother.
We got free legal aid from Dist Legal Service Authority. Now our lawyer is saying that he going to withdraw case because we hide facts from him or else hes saying that look for that first wife and take affidavit from her that she dont have right on family pension, she divorced with my father and remarried to another person. Second he told us that if we produce succession certificate/legal heir certificate then case can be in our favour.
Now the first problem is that we dont know where is she and second problem is that police didnt provide us non traceable report. The dept obtained non traceable report directly from S.S.P so without non traceable report we cannot apply for death certificate and without death certificate we cannot apply for Succession Certificate and Legal Heir Certificate.
Please help what should we do now?
Balaji Bakthavathsal
07 March 2021 at 13:07
Dear Learned Lawyers,
A fraudulent person sought for correction in legal heir certificate from the Revenue officials to include the initials of his father who died in 1984 and the application was made in the year 2007, a period of lapse of 23 years and mentioning the name of deceased person’s grandfather who is a not grandfather to the deceased person. This was done so as to grab our property by creating a false document. Knowing this, I raised the objection with the revenue officials and the revenue department after conducting a detailed enquiry, cancelled the fraudulently issued/obtained Legal Heir Crtificate by the Sub-Collector of the District.
While issuing the Legal Heir Certificate, the following violations of rule have taken place.
1) The correction was sought well after a period of 23 years for which the revenue department has no authority to make corrections without the order of the court.
2) The applicant had not mentioned his original address where he is living but one of his friend’s address and the Revenue Department has not even checked the correctness of the applicant.
3) Whenever a correction is made, the corrected one should bear the title as “Amended Legal Certificate” which was not specified in the corrected Legal Heir Certificate.
4) The Legal Heir Certificate has been issued for the thirf time afresh as already two such legal heir certificates had been issued one in the year 1984 with eight legal heirs and the other in the year 1986 with six legal heirs ignoring the two daughters of first wife.
5) It is not customary procedure to mention the grandfather’s name of the deceased person quoting grandson of so and so and son of so and so and all.
Thus for the violations made in issuing the legal her certificate, the Dub-Collector cancelled the Legal Heir Certificate.
The fraudulent person filed a Writ Petition in the High Court challenging the order of the Sub-Collector and sought the order the Hon’ble High Court;s order by quashing the Sub-Collector’s order.
The petition was dragged for 7 years and about a week back, the petitioner’s cunsel sought from the High Court, the liberty to transfer the case to the lower court for remedy. The Hon’ble judge too dismissed the petition stating that since there is no serious objection raised from the third respondent’s (it is me ) counsel, he granted the pettioner’s counsel request.
I want to file a Writ Appeal in this regard strongly objecting the matter to be taken to lower court again subjecting me to mental agony. Can I file the Writ Appeal since the judge had mentioned that there is no strong objection from my counsel ?
Please clarify.
Anonymous
08 February 2021 at 01:21
respected experts i had earlier asked you regarding it but you said to wait as it was initial stage.now the situation aggrivated.briefly i tell you my problem.
I am a permanant Asst. teacher of a Pvt.unaided school which is recognised by state board.my certificates are/were used by board to council for permission of a subject.on last year's march18,2020 Principal showcaused me saying court asked some documents as my ex husband summoned them in court to prove the RTI that they gave to my ex husband regarding me & they felt humiliated & will take action & prevented me from signing attendance register from next day & verbally told not to come to school despite giving 7 day deadline for response showcause.
I answered back that you provided RTI response without my knowledge then why i will be responsible & i am open to produce my case orders if they wish despite all are personal case with my ex.They faulty mentioned the MC case as GR case as well.after my answer to showcause during lockdown school started online class without me.i mailed,sent letter nummerous times even went still no cooperation & silence from them.From August,2020 they stopped salary without notice.i sent letters enquiring no ans.then i sent complaim to District Inspector of school, ADM(G), SDO & others. Deputy magistrate conducted hearing & they remain absent. Nexi i filed complain in PF & they tore attendance register to remove our name(with me two permanant & two temporary teachers name also removed) without mannaging committe resolution.Teachers leaded by two teacher representatives who themselves are MC member gave written complain to secretary.Our MC is technically inactive as some of them resigned or became dysfunctional & some are with me & some against.
District Education Officer also conducted hearing & still they remain absent & sent letter saying about my personal case & mentioned i lied in court & asked for two months time. my point is the MC case that they mentioned still i havenot got any summon & its subjudicial where school is not party.can they take that defence?rather I filed execution case in august,2020 & in this month of jan,2021 i got order in my favour against my ex husband in execution of maintainence case where he pray stay order mentioning the same case/grounds.his filled case of 2019 is still not heard & still no summon to me.Now District Inspector also called hearing in this week.Along with me they called two other teacher for same as they also got this kind of treatment with different reasons.I expect they will be again absent.
Now we/i am/are going to file Writ Petition.Our school is recognised but do not get any fund from govt.can the writ petition here be maintainable? plz help me to proceed.
RC Gayatri
06 February 2021 at 23:10
Sir,
Please help on below3 points. Please . Some people intentionally avoiding, escaping from taking lawyer notice sent through postal service. Thats why asking this doubt.
1) can lawyer notice be served online either through whatsapp/email address/facebook messenger id ? any of them or all of them ?
2) Can I take pic of the notice prepared by my lawyer and send to other party in whatsapp or email from my whatsapp/email ? So that the other party cannot say that notice is not served. I as a client can send to other party from my whatsapp to his whatsapp ? This is in addition to sending through postal service.
3) or only lawyer can send from his whatsapp or email ?
Anonymous
06 February 2021 at 09:39
Sir I've made omplaint n filed a WP in 2018 against an assistant Commr commercial tax for his alleged activities in filing complain against a trader. ie he has shown less crime of forgery docs instead of huge. ie 150 nos instead of 8. and made favour the accused n weakened the FIR. By this trader evaded 45 lakhs VAT. Only department action taken on him.
As expected FIR is now dropped by police since non coop of AC the complainant. In these three yrs AG audit sent report that he has committed 17 crores revenue loss in his service period.
Can I withdraw my earlier WP n file a fresh WP to take criminal action as well as department action? I'm the root cause for AG Audit report.
Anonymous
02 February 2021 at 11:28
There is a criminal case on my father for correcting the governments record. But actually he didn't do that. Because of some other officials only he did that. And he was filled a criminal case on 1994. But still the case is going on. He is going to court every month for vaidha. He is fully depressed and now his age is 65. He cant able to see properly. He cant able to hear properly. Please give some idea for my father to relieve from this case.
Anonymous
22 September 2020 at 12:39
I joined a company 2 months back with a service agreement of 2years with 2 lac, now I am in probation period. But due to personal reason want to resign company and break service agreement.
I have a clause in my joining letter that ''Within Probation period Service is terminable by either party with 3 days prior notice''.
Can I terminate my employment on behalf of written clause?
adv. rajeev ( rajoo )
21 September 2020 at 11:37
Education officer has issued a permission to a school to start the classes knowing that school has violated the Govt., rules. So under what section of IPC and Prevention of Corruption Act private complaint can be filed?
Balaji Bakthavathsal
15 September 2020 at 15:30
Dear Learned Lawyers,
A retired person from Army died in the year 1984. His wife predeceased in the year 1985. A fraudulent lady claiming as his second wife, in order to get his family pension, filed a suit in the civil court with the prayer to declare her as legally married second wife well after a lapse of 12 years i.e. in the year 1996. The court accepted her petition and decreed the suit declaring her as legal 2nd wife. Now my question is whether the acceptance of her petition by the court after around 12 years is valid ? Doesn’t it come under Limitation Act ? Need your clarification in this regard.
Thanks & Regards
Balaji
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