Advocate D Solomon Pandian

Questions Answered by Advocate D Solomon Pandian

Q: Parents govt employee salary above 8 lk obc non creamy eligibility

Both my father and mother are government employees. their salaries combined together will cross 8 lakhs. Will I come under non creamy layer or not.

Advocate D Solomon Pandian answered
As a young person, start living with independent values. Learn to earn your degree with pride. Why do you want concessions and get scared whether you will be coming under creamy layers.Since both your parents are government servants, you cannot hide their income and seek non creamy layer. Begin your life with pride and head above. Work hard you will score more marks than anyone

Q: Can societies frame rules as to bar visitors only from flats leased

I live in akshaya metropolis in chennai on gst road. I am student in the nearby SRM university. The gaurds at the gate barred my friend from entering my apartment as they say that vistors cannot be enetrtained by students.This was insulting as well as the manager inside was talkimng rudely and saying that the builders are only service providers and society frames rules.Can societies frame rules as to bar vistiors only from flats leased out to tenants? Also can the security gaurds keepid cards with them of the visitors?

Advocate D Solomon Pandian answered
Dear Student,There are decorums to be maintained in any campus. Because you have rented out a flat you should not spoil the decorum and be a nuisance to the families to are owners of the flats and disturb them. You are only a tenant and tenants are bound by various laws in our country. Had you been in Mumbai you would have faced very stiff issues and would have to vacate the flat had you created a problem there as the societies in mumbai are very strong and rigid. In Chennai every flat has their own bye laws and are govt by the Flat owners and societies act of Tn, which is not as strong as Mumbai flat owners assn. But remember you have come to study, concentrate on your education, learn to live in harmony as cultures differ from yours and the families who live there. Further they are owners of the flats, they can always call the police and hand you over to them for creating nuisance. Discretion is the better part of valor. Finish your studies and try to take your future high and go away from here instead of worrying over frivolous issues.

Q: Fixing Qualifying Service for the purpose of Pension

Due to improper representation and wrong interpretation of GOI MOD orders and quoting orders not applicable to Armed Forces Personnel by the respondents, the earlier OA was dismissed in Dec.2016. I obtained under RTI the facts to prove how the Hon'ble AFT was misled by the respondents. Can we re-open the case at this time after a lapse of 6 months. The judgement was not informed to me by the lawyer until March this year.

Advocate D Solomon Pandian answered
Instead of reopening the OA and finding fault with the Hon'ble Tribunal why don't you send a fresh notice to the 4 / 5 department who were your respondents- mainly your Record Office quoting the RTI and ask them for the relief If they fail you can file a fresh OA citing RTI and earlier rulings This will help you to get the relief sought for without antagonizing anyone

Q: How to get military pension

To get my 24 years service Military pension as was rejected as went on absence without leave after rejecting my premature retirement application

Advocate D Solomon Pandian answered
Please always furnish full details of the case. The reasons cited for premature retirement after 24 years and why it was rejected was not explainedFurther the section under which you were dismissed from service is too not mentioned

Q: Whether police can take custody of a bypasser @ 12 in nite

This is was happened to me few days, when I'm returning from my office at @ 12, i feel like to have a tea with a smoke but suddenly a police man came and he asked me to get into this cab and told me to write my name and address then you leave home. I felt so embarrassed since being not found guilty why should i have to step into the police station. But however i some how managed to came out from the cab since 3 other localities caught by him. so, please tell me in such situation how to react with police. thanks, swami.

Advocate D Solomon Pandian answered
Under Criminal Procedure Code 41 A police can arrest a person without warrant on suspicious activity. In which town around 12 in midnight tea shops are open. In case of any suspicion he can arrests and when the accussed proves that he was innocent will be left off after he submits his proof of residence that is verifyable.This section 41 helps the police nab criminals on the prowl in the guise of normal citizen and citing fundamental rights that they have right to roam scott free anywhere without being questioning.This act has helped many criminals getting caught before the could commit a crime.