Advocate N Sudalai Muthu

Questions Answered by Advocate N Sudalai Muthu

Q: Government employee suspended from service, steps to be taken now

A Government employee suspended from service for more than 2 and half years, sought remedy through Honble High Court of Madras. The court passed the order as below: “ Be that as it may, it is open to the petitioner herein to submit a representation for revoking the order of suspension to the respondent within a period of two weeks from the date of receipt of a copy of this order and the respondent, on receipt of the same is directed to consider the said representation on merits and in accordance with law and pass orders within a period of four weeks thereafter and communicate the decision taken to the writ petitioner”. Whether the above order sets aside the suspension order and entitles the employee to be reinstated into service.

Advocate N Sudalai Muthu answered
Sir,The above not setting aside the suspension order instead it directs the respondent government to consider the claim of you on merits.reinstatement will not be automatic by this order.Goverment may also reject your claim.

Q: For a company's dealership they request security cheque

Dear sir, If a company asks for security cheque of two lakhs and demand not to fill number column, how should i handle the situation to get support from company.

Advocate N Sudalai Muthu answered
sirfirst you please clarify why the company insisting you to issue a cheque. it is not a good practice to issue a cheque leaving column as blank. instead of issuing cheque, you convince the employer with some other instruments like letter of undertaking. even after if they insisting, you please obtain a letter from the company by disclosing facts which behind the blank security cheque.

Q: How to gain permanent employment with bank after fathers passing away

IAM Vinay Kumar (24years)my father was worked on Indian bank (PSB)substaff cader . my father was expired on 22/10/2010. IAM not getting any job and exgratia my mother health is not good after my father expired iam giving my service as temporary substaff till date plz plz guide to me

Advocate N Sudalai Muthu answered
Sir,you can file application requesting to provide for a compassionate appointment with your father's bank. but it is purely discretion of the bank considering indigency of your family depending upon the rules and regulations of the bank governing compassionate appointment. Our Supreme Court and several High Courts consistently held that compassionate appointment can be given to the legal heirs of the deceased employee subject to the condition of indigency, non availability of alternative income sources to maintain the family. Good luck.

Q: Gave money to friend now he is refusing to return, how to recover?

I have given 2 lac rupees loan to my friend.He promised me to give this amount of money in 1month.He gave me signed stamp paper and signed blank cheque.Now he refuses to give me the amount.what I have to do?

Advocate N Sudalai Muthu answered
Sir,You can file a civil suit claiming the loan amount along with interest and possibilities are open to present the cheque in your account and adjust the same against your dues. if the cheque not honoured , then you can file a complaint under section 138 of NI Act against your friend.

Q: I took loan but not able to pay few EMIs. Can I get relaxation ?

I have taken personal loan from Bajaj. 2 years i have paid my emi. This month iam not able pay the emi. Is there any legle way to get time relaxation for 6 months to pay my emi.

Advocate N Sudalai Muthu answered
HiLegally speaking you should pay all emi's in time as agreed by you. You can approach your financier and explain the situation and get time or reschedule the loan emi tenure but interest and other penal charges if any would also follow for such delayed payment.