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Anonymous   23 November 2017 at 00:00

Resignation after asking for el adjustment with notice perio

I am working in a navaratna PSU (BHEL) for the more than 10 years in same department. I never got transfer to any other department even after trying so many times. Now I am totally frustrated and want to resign from my job. My notice period is 3 months. In my service agreement the following is mentioned:
“In case you wish to leave the services of the company after completing the stipulated period of 3 years service, you shall give 3 months notice to the company failing which you shall be liable to pay the company compensation equivalent to 3 months salary.
On resigning from the job you will be relieved only on resignation being accepted. The management reserves the right not to accept your resignation, if the circumstances so warrant. Acceptance of payment of salary from the employee in lieu of full or unexpired period of notice will be at the discretion of the management.”
If I submit a resignation letter showing some family health problem and mention my inability to work efficiently in future for this company due to this problem and also request to adjust my earned leaves for the rest of my notice period; please advise for the following consequences:
1) If my senior officials do not accept my resignation mentioning any reason (eg. No substitute available at this time, etc.), how can I get relief from this job?
2) If my senior officials do not forward my resignation letter and sit idle and try to torture me or put extra pressure on me to work or harass me by vigilance enquiry, and being unable to handle that torture I apply for some leaves due to my emergency duty towards my family, but the leave is not accepted by senior official and still I go to home town by sending an email informing the same and also mention that I have already submitted my resignation letter due to the same reason, then what maximum action company can take against me? Do the company have the power to force an employee to work who is not interested & has already submitted resignation letter and asked to adjust earned leaves against the notice period? Can I face any difficulty in getting my due payments (EPF, gratuity)? In that case how can I get back my due payments? Do the company have the power to forfeit some employee’s EPF or Gratuity amount?
3) Please advise how can I get relief from this job easily and also get my due payments in time?

Anonymous   22 November 2017 at 23:11

Divorce case

Hi.. I am graduate and a working women. I got married in 2014. It was my love marriage. Since the very next day from my marriage life, i started suffering by physically and mentally problems from my husband & in-law family members. After a limit from every stress, I decided to stay separate from my husband and take divorce. After leaving husband's house, its almost 3 yrs and 7 months. I also filed my divorce case in bandra Family court on last Jul'16, For this also its almost more than one and half year. My next date is on Jan'18. In between the period of divorce case, 3 to 4 notice's are send to my husband and all the time he rejected it plus he was not present in any of the hearing / date. Now my lawyer gave the statement that by on coming hearing / date if my husband is again absent then I would get one sided divorce. In which I can remarry but husband should take my permission first to remarry. Is it true or not? My husband is also demanding that he wants all the gold jewellery plus all the dresses they gave to me in marriage.
Can u pls. suggest me or can you guide me...

1. the query which i asked about the one sided divorce on my favour?
2. Would it be liable that he can still demand and the court can accept it?
3. Remarry stage for me and for husband?
4. Would husband be liable to give me almony if I demand or not?
Any Other points or advise from your side.

Anonymous   22 November 2017 at 22:47

Fixation of seniority

If a person has given technical resignation after working as junior engineer for 7 years in railways and joined as junior engineer in state government the next day after getting relieved railways. Then will he be placed as most senior person in the seniority list of engineers who were recruited in that particular year(i.e. year of joining state government)
because of his past technical experience.

Anonymous   22 November 2017 at 22:22

Fixation of seniority

I would be grateful if you explain me the difference between the two letters listed below based on seniority which were published on the dates 8th april 2016 and 17 august 2016.I can see that the letter dated 8th april mentions about the point that the tenure of periods spent in the past service does not get included in determining
the eligibility for the next promotion but the second letter dated 17 august does not have a mention of this point.
1)
No. 28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
******
North Block, New Delhi
Dated 8 April , 2016

Seniority

The tenure of periods spent in the past service does not get included in determining
the eligibility for the next promotion. In case of employees who retain a lien on submitting
Technical Resignation, in the event of their reversion to their previous job, the period spent in
the new job would not be counted for calculation of minimum qualifying service for
promotion in their previous job. The individual will however in case of his reversion to parent
organisation regain his seniority with effect from the date of his reversion .

2)
No. 28020/1/2010-Estt.(C) Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
******
North Block, New Delhi
Dated 17th August, 2016

Seniority

On technical resignation, seniority in the post held by the Government servant on substantive basis continues to be protected. However, in case of a Government servant deciding to rejoin his substantive post, the period spent in another department which he had joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post.

D Ravi Kumar   22 November 2017 at 21:50

Mortgage of D Form agricultural land

Dear Sir,
Can D Form agricultural land in continuous possession of the Original Owner be mortgaged to Commercial Banks for establishing Plantation or taking up Land development activity?

Anonymous   22 November 2017 at 21:37

Want to marry my second cousin once removed

I am 28 year old and my secound cousin once reomoved is 16 year old.we were going to marry when she will be 18yrs old. We love each other a lot. but somehow her family membres foud her mob which was given by me. and everyone knows everything even tho we continued . we face loads of trouble cause of too much pressure by community and also by family membres. on this monday she told me her dad fixed her marriage with her mothers brother. so i took her with me in my home on same day. and whole community and family membres beaten us. evern her clothes were tored by goons .. i was also beaten a lot .. SHe is daugher of my second cousin brother from my fathers side. I have no idea its legal or not .. even after so many peoples beating us she never left me alone in them then her mothers brother came and he took her with him to his village.evryone is threatning me for police case if i tried to contact her so pls help me.....


she is daugher of my fathers first cousin brother's son...so pls help me.....i have no contact with her now since monday.. is there any legal suggestions for me

shrishriml   22 November 2017 at 20:37

Appeal on interim dv maintenance order

I received an order for interim maintenance in Domestic Violence case from magistrate court in which husband has been asked to pay 50000/- maintenance per month from date of application ie (May 2017) and also 1 lacs towards initial school and admission fees paid for our 4 year old child.
Order has been passed by duly considering the salary slips and income tax returns of both parties.

This amount was to be paid in one month however on last date in trial court husband s lawyer sought an adjournment saying they have applied for a stay on this order and appealed in sessions court. We appeared in the date in sessions court on the appeal. We didnt get summons but still appeared. Judge has asked us to reply to their stay application and appeal by next date which is after the date in the trial court.

Questions:
Since there is no stay order yet, can trial court proceed with the execution? On last date trial court judge had told them that if they dont get stay by next date he has to pay entire arrears. My lawyer is going by this and hence didnt mention in session court that he must first clear arrears.
Can we file for execution in trial court during pendency of stay application as it would take another 2 months for the order.
The entire appeal and stay is only on grounds that DV allegations are false and no DV has occured.
They have not appealed on the interim maintenance amount. What are their chances of getting a complete stay?

gopinathan   22 November 2017 at 20:08

Case disposed on april 17,orders not receiveid

Sir

I have filed a Crl.Op in Madras HC to quash FIR and chargesheet on Oct.2016. Judgement pronounced on April 2017 in my favour. But Justice got retired on May 2017. But still orders not received or find in website. My lawer is telling still its not received. Is above facts are possible?

Anonymous   22 November 2017 at 19:19

Unconstitutional relieving from the services

I put my papers due to the mental harassment by my reporting authority by mentioning the resignation comments and the reason of resignation was "Issue with Reporting Authority". Still the resignation was approved by same reporting authority.

Moreover On Seniors insistence I have withdraw my resignation on 40th Day of resignation by marking the CC to HR People as well along with few people of leadership.

Still, On 87th Day I have been asked to get relieved on next working day, As they would not be able to retain me.

Moreover, It was the conspiracy of the reporting authority as after my resignation withdrawal request they issued me a Performance Improvement Plan without any reason just to spoil the image before the senior of the bank.

and kept me in the impression that your resignation has been withdrawn Since there is no rule of serving PIP to resigned staff.

It was there intention to make me in the impression that my resignation has been withdrawn So that I would not be able to find the new job.

As per the discussion with the advocate ::
1.) If you have the issue with the reporting authority than the same reporting authority can not accept your resignation as It's against the principal of natural justice.

2.) Issuing PIP against my resignation withdrawal request means, my resignation has been deemed withdraw.


Please guide further.

MOHAMMED AKHTAR AKBAR KHAN   22 November 2017 at 18:32

Extortion

Dear sir,
I am one of the resident in Chawl, Mumbai (Pagdi System) as a rental. On this Chawl, One Builder came and made Illegal Construction (G+5) but One person filed the case on against illegal construction in High Court, High Court granted for demolish the illegal construction, But Builders-friend (not builder) demanding money for STOP THE ILLEGAL DEMOLISHING. I told them I am no agree with you, I do not have money for illegal work. They are threat to us and extortion also.
Plz give me SUGGESSION…………..