Fixation of seniority and pay protection
Querist :
Anonymous
(Querist) 22 November 2017
This query is : Resolved
I wanted to ask that if a person has given technical resignation after doing service for 7 years at the post of junior engineer in railways and has joined state government as junior engineer just the next day after getting relieved from the railways will be able to get the benefit of ACP and seniority in state government or not? From which day his service should be counted for promotion and getting ACP in state government? (considering that whole process of technical resignation went through a proper channel and he applied for state government job before joining railways and took prior permission from railways to appear for selection procedure for state government)
If the person joined Bihar government then will he be able to able to get the status of most senior person in that particular year of recruitment of state government (when he joined Bihar government)
Guest
(Expert) 22 November 2017
Only pay protection can be assured. Seniority is not protected. He will have to render the prescribed No. of years of service a fresh in the state department to be eligible for ACP.
kavksatyanarayana
(Expert) 22 November 2017
I agree with the advise of Mr.Jigyasu ji.
Ms.Usha Kapoor
(Expert) 23 November 2017
It all depends depends on service rules. Just in an identical case I just advised that the new state government job after submitting technical resignation by the employee of his previous job which is It all depends on service rules. Just in an identical case I advised that the new state government job after submitting technical resignation and through proper channel would be treated as the senor most person according to service rules of State government.Unless I see your service rules I can't say with certainty whether the newly joined employee of the State Govt would get the benefit of seniority or not.Contact a service law expert lawyer with impeccable integrity and I'm of the opinion that a person submits technical resignation to his current job and Joins a new state Government Job which has some control of central Government and technical resigns through proper channel through proper channel would be treated as the senor most person according to service rues of State government.Unless I see your service rules I can't say with certainty whether the newly joined employee of the State Govt would get the benefit of seniority or not.Contact a service law expert lawyer with impeccable integrity
Querist :
Anonymous
(Querist) 23 November 2017
if it is the case of Bihar government then what is your opinion on getting seniority?
Guest
(Expert) 23 November 2017
My simple question to the anonymous author is, if some employee of the State Government would have joined his cadre after submitting technical resignation in his own department and would have been placed above you and other existing employees, as of his past seniority in his own department , what would have been the reaction of the querist and his colleagues, had he also claimed promotion before you?
Guest
(Expert) 23 November 2017
@ Mr. KAVK Satyanarayana,
Thank you Sir for agreeing with my advice.
Guest
(Expert) 23 November 2017
@ Mr. Dhingra,
Sir, when the querist is happy with the fake and misleading advice of Ms. Usha Kapoor, what would have been the use of asking such a question to the querist? Let him be pleased with his misunderstanding and false hope.
EVIDENTLY, Ms. Usha's advice is quite vague, irrelevant, and misleading when she is not even aware of ABC of the Government Rules and regulations, as she herself admitted that UNLESS SHE SEES HIS SERVICE RULES, SHE CAN'T SAY WITH CERTAINTY WHETHER THE NEWLY JOINED EMPLOYEE WOULD GET THE BENEFIT OF SENIORITY OR NOT.
ANOTHER EVIDENCE OF HER IGNORANCE OF RULES & REGULATIONS IS THAT SHE ADVISED THE QUERIST FURTHER, "Contact a service law expert lawyer with impeccable integrity." That itself confirms that she is not sure of the correctness of her advice.
The funny thing is that the querist being very pleased with the vague and misleading advice of M. Usha Kapoor has given her a "LIKE" also, even without her asking, while every time she has to specifically make separate request to the querist to give her "likes.".
Ms.Usha Kapoor
(Expert) 23 November 2017
If your new state Govt job service rules permit then he will be considered the most senior person for promotion and jobs.
You can even file a WRIT IN high court such as MANDAMUS OR certiorari seeking directions to developer not to impose heavy costs on land purchasers or flat purchasers which is illegal and any such thing is there you/the developer would take loan of bank./. After hearing both the sites if the court using its discretion gets Justice done.
Guest
(Expert) 23 November 2017
@ the anonymous querist,
From your supplementary question, "if it is the case of Bihar government then what is your opinion on getting seniority" as addressed to Ms. Usha Kapoor, one thing has become clear that you are interested and also pleased only with fake and misleading advice, NOT any rules & regulations based sincere advice.
When already convinced with the advice of Ms. Usha Kapoor, why not hire her services to get you ACP on the basis of your past seniority in your old department?
I can only wish you the best of luck!
You should know that your own departmental experienced rules and regulations knowing authorities can prove to be more reliable persons for you, rather than an ignorant lady, who is unconcerned with any Government department's rules and regulations, when she herself has very clearly admitted that she "CAN"T SAY WITH CERTAINTY" and also ADVISED YOU FURTHER to "contact a service law expert lawyer with impeccable integrity." That itself confirms that she is not a service laws expert.
Now, even if you contact some service laws expert lawyer with really impeccable integrity, if he is not greedy and interested only in extracting money from your pocket, he would also confirm my views. Otherwise, even after paying hefty fee of the lawyer and wasting a lot of your prime time in litigation you will get totally frustrated when not able to win the case.
However, if you are sensible enough, try to give your sincere and honest reply to the question of Mr. Dhingra.
Querist :
Anonymous
(Querist) 23 November 2017
thanks for your advise sir@dhingra@jigyasu
Guest
(Expert) 23 November 2017
Ms. Usha Kapoor,
Although there is no use of giving any suggestion to you, but still I would request you that you should try to resolve queries of the querist only if you are fully aware of the Rules, regulations and laws of the land on the subject matter. However, if you are interested only in getting "LIKES" even by making irrelevant and misleading advice, that will be unethical on your part.
By the way, when you have made a mention of one instance stating, "in an identical case I advised that the new state government job after submitting technical resignation and through proper channel would be treated as the senor most person," can you quote any such rule of the Government of India or of any State, which corroborates your advice? Mere advice has no relevance, if that does not prove to be a solution oriented practical advice as per rules, regulations and the law of the land.
Not only that, you have further advised the querist to file a writ. Why not take the lead to take up the case of the querist to prove your stance even through the verdict of the HC of Bihar.
Further, DO YOU BELIEVE THAT A SENIORITY CASE IN SERVICE OF AN EMPLOYEE IS THE SAME AS OF DISPUTE IN LAND CASES WITH A DEVELOPER IMPOSING HEAVY COST, as you have stated in your fresh post, "even file a WRIT IN high court such as MANDAMUS OR certiorari seeking directions to developer not to impose heavy costs on land purchasers or flat purchasers which is illegal and any such thing is there you/the developer would take loan of bank./. After hearing both the sites if the court using its discretion gets Justice done"?
Guest
(Expert) 23 November 2017
@ the Anonymous Querist,
You are welcome. I think, you have been saved by Mr. Jigyasu to a great extent from getting profusely misled by wrong advice of seemingly an ignorant lady.
Your thank becomes due to Mr. Jigyasu only on account of his very illustrated advice. Nobody else, except a sincere, devoted and honest person would like to waste a lot of his time and infrastructure in making such an illustrated and perfect advice.
Guest
(Expert) 23 November 2017
I hope, from the above facts discussed by Mr. Jigyasu, the expert Ms. Usha Kapoor would like to realise that she should try to render her advice onl cases where she is really knowledgeable. Every topic may not suit her health merely to seek number of "likes". The likes so earned should prove only to be truthful, not fake.
Ms.Usha Kapoor
(Expert) 23 November 2017
Here even the senior most person advises the client contact a local lawyer and good at that for the clients own convenience and betterment. Except our site all other online legal websites request their lawyer members to click like buttons to their clients with repeated reminders.I'm very good at Income tax law and its calculations and Muslim law and its qualifications with regard to property.You people are regularly in touch with the profession. Whereas I'ven't been unable to do actual court practice for the last more than 10 years. inspite of all these odds and other tensions in the form of health I'm doing my best than most of the senior advocates here. That is true..I've insomnia also..Before My Marriage Ever Tom Dick and Harry would say You are quite good looking and quite intelligent etc with excellent sense of humor.Many people who know me from close quarters call me that I'm an Intellectual. Before Marriage I was working as an officer in NTPC and AP.SFC. Thinking that professional life would be more independent I chose High court. for practice.Then one after the other Health problems surfaced.Daily I celebrate for thanks I got they are fruits for my efforts.Who said I/m ignorant? I really read English papers, Magazines,Novels, Solve Math and Crossword puzzles including Hindu puzzles. Science reporter puzzles.Out of jealousy you are saying these things I know.I don't waste time in brooding over your criticism. I know I'm quite intelligent and pretty too.
Guest
(Expert) 23 November 2017
@ Ms. Usha Kapoor,
Who is that senior most person, who advises the client to contact a local lawyer?
Ms.Usha Kapoor
(Expert) 23 November 2017
Nanda, RK Goel and other senior experts,I don't remember. People with 20 years experience including Mr.Kumar Doab every other day he advises his clients to engage a good lawyer who is an expert in property law and and with impeccable credentials.
Ms.Usha Kapoor
(Expert) 23 November 2017
I just ignore what you say! I'm LEAST BOTHERED. Lady LAWYERS SHOULD BE THICK Skinned AND I was TOLD IN THE INITIAL DAYS OF MY PRACTICE.by my Senior.
Ms.Usha Kapoor
(Expert) 23 November 2017
Dear Jigasu,
It appears rather than answer to the point you beat around the bush about giving vague explanations and lectures etc which are in noway concerned or connected with the issue on hand.The moment Interview Board would see me they were saying that you seem to be analytical minded. You openly;y criticizing others especially people who are more knowledgeable and intelligent those yhttp://www.lawyersclubindia.com/#ou'd target them or attack them.You are suffering from inferiority complex. That's why you criticize people who are superior to you in every way. Do you know. Bully's are timid from within. To cover up their timidity they they bully others.
what KIND OF STRANGE DISEASE THIS jIGASU IS SUFFERING FROM? iT'S HIS INFERIORITY COMPLEX AND THE RELATIVE JEALOUSY. iF YOU ARE FEELING INADEQUATE OR INFERIOR TO SOME ONE ONLY YOU FEEL JEALOUS TOWARDS TH E OTHER PERSON AND TRY TO DO SOME HARM TO THE OTHER PERSON.
Guest
(Expert) 23 November 2017
@Ms Usha Kapoor,
You can't say that you ignore me and are not bothered what I said, but you seem to be quite bothered and disturbed and are trying to frantically justifying your absolutely wrong advice, even by assuming a strange disease with me. Nobody would desist you from being a thick-skinned, as you claim to be, but merely being a thick skinned can't make any wrong as right in law.
About your other other justification, although I have not seen contributions of Mr. Nanda, but of course I am amazed to know that you consider posers and fake experts, like Mr. Kumar Doab and RK Goyal as the senior most advisers, whose 90% to 95% posts can be proved to be totally vague, irrelevant and misleading.. Of course, you seem to be their like-minded fellow, as you made me believe that you are also like those fellows only, who believe only to misguide the querists for some vested interests, as your advice in this thread, itself, has been found to be the most misleading advice.
If you feel that you can prove your advice to be correct even up to 10% to 20%, why don't you accept my challenge openly to prove that through the verdict of the Hon'ble High Court of Bihar, by volunteering yourself to take up the case of the querist and filing a suit, as you advised him?
.
The question arises, when you cannot distinguish between dispute pertaining to the seniority & pay protection from the dispute of land with developer, how anyone can expect any proper advice from you? Mind it, your being thick skinned only cannot help you to equate the problem of seniority and pay protection of an employee with the problem of land dispute with the developer.
However, you are free to live with your own misconceptions. But, the more you come with vague statement, the more you would get yourself exposed by yourself only.
Guest
(Expert) 23 November 2017
Ms. Usha Kapoor,
I wonder to know why the thread gets too much stretched without any cause, when you don't bother for Mr. Jigyasu's observations?
I fully appreciate your concern about your qualification, your service prior to marriage, practice for some time in HC, prettiness, your satisfaction by celebration with thanks (likes), etc., etc., as you referred in your background, BUT perhaps you may like to know that the same have no relevance in the context of the present query problem.
Probably you may further like to know that a problem pertaining to service matter of an employee also does not fit within the parameters of your being very good at Income tax law and Muslim law and qualifications with regard to property, as you referred in your background.
Even your reading of English papers, Magazines,Novels, Solving Math and Crossword puzzles, Hindu puzzles or Science reporter puzzles, as you referred in your background, has also nothing to do to solve the puzzle pertaining to service rules and regulations.
In nutshell, probably through your post pertaining to your own background, you have unwittingly admitted that you are not aware of the service rules in Government organizations.
So, my suggestion to you is to better restrict your advice only to the subject matter on which you have the mastery, rather than unduly becoming a cause of controversy..
Wish you the best of luck.
Sudhir Kumar, Advocate
(Expert) 23 November 2017
Anyway
the querist is not entitled to count pre-technical resignation service for ACP.
ACP will start from last direct recruitment.
Guest
(Expert) 23 November 2017
@ Sudhir Kumar,
I don't think Ms. Usha Kapoor, due to her admission about "thick skin," can be convinced on this simple truth, as you confirmed.
Sudhir Kumar, Advocate
(Expert) 24 November 2017
I recorded above post only to give factual position to the querist so that he doe snot remain in misconception even after visiting this site.
I did not want to convince anyone.
Guest
(Expert) 24 November 2017
Of course, only querist is needed to be convinced.
Ms.Usha Kapoor
(Expert) 24 November 2017
You are a scum.Who bothers about you? Except perhaps Dhingra JI?
Sudhir Kumar, Advocate
(Expert) 24 November 2017
Even querist is not needed to be convinced. If he decides to walk on wrong advise he is free.
Guest
(Expert) 24 November 2017
Sure, the querist is at full liberty to play with his own destiny by getting misled.
Guest
(Expert) 24 November 2017
Your response very clearly suggests, you have bothered with my fact finding analysis of yours. Only persons ignorant of law, rules and regulations bother, not anyone else, who is knowledgeable.
Moreover, scum can be the quality of only thick skinned persons, as already claimed by you for yourself.
Guest
(Expert) 24 November 2017
Ms. Usha Kapoor,
Dhingra bothers for none, except for the querists, if he is provided misleading advice by some fake expert, even though claims to be highly qualified as LLM.
You seemed to be really a thick skinned lady, who does not want to correct even your openly committed mistake, whereas, along with KAVK Satyanarayana, Mr. Sudhir Kumar has also endorsed the advice of Mr. Jigyasu to the querist. But you still seems to claim as if yours advice without any support of any law is correct.
NOW MY FINAL ADVICE, FIRST LEARN AND THEN ADVICE. YOU HAVE BEEN OBSERVED TO BE MERELY CONCERNED WITH "likes" TO YOU, NOT THE SOLUTIONS TO THE CORRECT QUERISTS.
