Service Matters

Can the department suspend me on the basis of a false FIR?

I am an upper division assistant in the government department.  Can the department suspend me on the basis of a false FIR and charge sheet? When I was at my friend’s marriage ceremony. Some friends were also present in that ceremony. When we were returning from the venue of marriage my car had an accident with a cow. Then hit a person who was drunk and coming on the wrong side. He died immediately on the spot. One of my friends was driving the car.

The local police lodged an FIR and filed a charge sheet. He did not examine any witness of the incident but stated in the charge sheet that the deceased was in a state of intoxication and going on the wrong side. The department has initiated a departmental inquiry against me immediately after FIR and suspended me after filing of charge sheet. Can the department suspend me on the basis of a false FIR?

Where to file a case when an armed forces officer is illegally dismissed from the service?

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My younger brother is an officer in the armed forces. He was detailed in the ground duty where some miscreants came in the camp and fought with the jawans. The incident happened when my younger brother had detained a local person for carrying illegal weapon made in Pakistan. That local person was very influential and a lot of people assembled and came to the camp. 

There was no adequate arrangement for tackling this kind of incident. Hence, my brother ordered the jawans to fire on the mob. Resultantly five people died. The chief took the cognisance of this incident and dismissed my brother from his service and sentenced him to jail for two years. I want to challenge this order. Where should I file the case?

Can a married daughter get a compassionate appointment after the death of father?

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I am the only child of my deceased father. My father was an engineer in the public works department. He died during his service and he had no other child. I am twenty nine years old and I am a postgraduate. My husband is a teacher in a private school and is giving private tuition. He is also a postgraduate in economics. We have two children. In this scenario can a married daughter get a compassionate appointment  after the death of father?

Gratuity payment not done while doing final settlement 

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Gratuity payment not done while doing final settlement while leaving the organisation. This was a case of an employment where I was working with 2 group companies of durations of 4.4 yrs and 1.6 yrs ..In total I have completed 5.10 yrs with that group Question I have a situation where I was employed with a company for 4.2 yrs . Now the company transferred me to their sister concern due to project issues and I worked there for close to 1.5 yrs.

Now I have quit the company and joined another group.But while doing full and final settlement , the company has not released gratuity stating that I have not completed 5 yrs in a particular establishment Now , both group companies have same holding company , however are registered differently and while generating Form 16 have separate TAN as well … Can anyone please help me in this case as I am feeling perplexed what to do in this case.

Can high court re-appreciate the evidence of departmental inquiry?

The department has initiated an inquiry against me for being on leave without permission. I have submitted medical reports of my wife and all the relevant documents. But the disciplinary authority has found me guilty and terminated my service. Can the High Court re-appreciate  all the evidence of departmental inquiry? Can the High Court quash the order of termination of my service? My wife was seriously ill so I went on leave to provide her good medical treatment. I was on leave for nine years without sanction of my leave application. Now my wife is fit and fine. I can join my service. During the leave the department has ceased my salary.

Can I join the service with all consequential benefits? My juniors have promoted to the post of senior section officer. So I think that the department should also promote me on that post. The departmental inquiry has not shown any mercy on the medical health of my wife. I did not take any salary for the period of leave. Due to the ill health of my wife I did not appear in the disciplinary authority but I sent all the medical records of my wife. The health of my wife was the first priority so I went on leave. I knew that the department would not sanction my leave hence I did not take permission.

Is a married daughter eligible for compassionate appointment?

My father was an executive engineer in PWD, Uttar Pradesh. He died during his office tenure. I want to get service on the demise of my father because my husband is not working. If I get a government job I can take care of my mother and younger brother. Is a married daughter eligible for compassionate appointment? Can I get a job in the PWD department after the death of my father?

Government has rejected compassionate appointment

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Government has rejected my application for the compassionate appointment on dying in harness rule. My father was a teacher in ITI College. He taught shorthand and typing. He was working as a daily wager because one post of teacher was vacant. There were three sanctioned posts for typing teachers. Two are permanent and one is ad-hoc. My father was working as an ad-hoc teacher. He died in Covid pandemic so I applied for a compassionate appointment for his post. I have eligibility but the government has rejected my appointment because my father was not a permanent teacher. Please guide how to get a compassionate appointment on dying in harness?

Seniority dispute between direct selection and departmental promotion

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I am selected as JE in railway under GDCE quota vacancy and after completion of training 22-10-2020 join on regular post. Whereas promotional quota JE selected on 28-08-2020 and given higher responsibility from 28-8-2020 then sent them for 3 month promotional training. My seniority is assigned from the date of completion of training whereas promotional quota JE seniority is assigned from the date of beginning of training. So who will be the senior?

Can the government equate the two posts?

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I’m working as an inspector in the food department. My post is inferior to the post of inspector in the supply department. Can the state government equate the two posts because there is a discrepancy between the salary and status. After ten years of service the one post becomes gazetted and the other remains the non-gazetted. We are facing humiliation due to change of status after ten years of service. So we have decided to get the same status and salary from the government. We will compel the government to give the same status to our post. 

Our leaders will talk to the government on this issue and try to get equal status. I want to know if there is any legal hurdle to make both posts equivalent and do justice with the government employee. Please give some concrete materials to support our attempt to get equal status.

Withholding salary by employer when I am on sick leave

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I want to know if withholding salary by employer when I am on sick leave is legal? Employer holding my salary without any prior notice when I am availing my sick leaves.  He is sending contradictory emails to me and forcing me to submit office inventory. Can I file a harassment case against him? After sending a reminder email for salary he has not credited the same. He is well aware about my sickness where I am paying a huge amount for my treatments.