Advocate Raj Kumar Gupta

Questions Answered by Advocate Raj Kumar Gupta

Q: nominee for the job. How to proceed ?

MY paternal uncle was in railway, and he is bachelor so he adopted my elder brother legally, My uncle has died so my question is.is my elder brother is eligible for the job in place of him as uncle died before his retirement but the nominee form is not filled by him only stamp paper of legal adoption is there and wat is the process and how much time will it take for the process

Advocate Raj Kumar Gupta answered
Dear Frd,Yes yr elder brother can get job bcz he was adopted by yr paternal uncle, but he should file a civil suit for succession certificate, and after issuing of succession certificate by competent court he can move an application for his appointment, but before obtaining the certificate he should file an application before the concerned department with documents pertaining to the adoption. There after the office need and succession certificate he can obtain from the court.

Q: Regarding appeal for case dismissed in high court what to do

Sir I was employed in PSU coal India (S.E.C.L.)as management trainee(mining) more than two years ,as I have taken leave and went to my home town but there was injury there in my back ,due to which I was askew to take bed rest and it was informed to office as the injury was internal I was not able to stand up ,the treatment lasted more than fourteen month and office was updated on this.but they show caused me and imposed penalty of "removal from service". I appealed to office post but there was no reply so when I got cured I filed a case in bilaspur high after getting an endorsement from coal ministry ,notices was issued but there was no reply from coal India. So as there was no action in the case ,I taken not pursuing it.in 2016 when I enquired about the case I came to know that the case has been dismissed in 2013 February. So what I should do? 

Advocate Raj Kumar Gupta answered
Dear Frd,You can file writ appeal with condonation of delay application before division bench in High Court. you may contact with all your documents pertaining to your service records and petition filed before the Hon'ble High Court and the dismissal order of the court.

Q: Unfair removal from services what can be done

Sir I was employed in PSU coal India (S.E.C.L.)as management trainee(mining) more than two years ,as I have taken leave and went to my home town but there was injury there in my back ,due to which I was askew to take bed rest and it was informed to office as the injury was internal I was not able to stand up ,the treatment lasted more than fourteen month and office was updated on this.but they show caused me and imposed penalty of "removal from service". I appealed to office post but there was no reply so when I got cured I filed a case in bilaspur high after getting an endorsement from coal ministry ,notices was issued but there was no reply from coal India. So as there was no action in the case ,I taken not pursuing it.in 2016 when I enquired about the case I came to know that the case has been dismissed in 2013 February.

Advocate Raj Kumar Gupta answered
Dear Frd,You may contact with your file which has been filed before the Hon'ble High Court. The removal is major penalty. And if you are permanent employee then its difficult to remove. You may contact in my no.

Q: Parents are emotionally abusive can I move out and claim maintenance

I m 21(female) doing BE. I m an emotionally abusing mother. I m going under depression. We have fights on basic things like food. I want to move out and want monthly allowance of 5000 until I start earning. What can I do..??

Advocate Raj Kumar Gupta answered
Frd, Yes you can file an application for maintenance from your parents till your marriage or till you earn. But that may be fixed as per your father's earning capacity, I can not say that order will be pass for rs/- 5000, it may be vary, depending of situations and earning.

Q: How to defend a suit for interim maintenance

wife had filed for divorce at her grand parents place other than her native place. judge had passed order for interim maintenance of Rs.5000/month since filing of case. total amount with arrears comes to Rs.110000. recently judge passed conditional order to pay Rs.60000 immediately and my defence is fortified and struck off. I already paid Rs.25000 and by next hearing i have been told to pay Rs.35000 but i can pay only Rs.20000. my lawyer threatening me that if i fail to pay Rs.35000 judge would pass decree of divorce in wife favour or may sent me to custody. i am afraid. please help me by your sugetions. i am a hindu.

Advocate Raj Kumar Gupta answered
Frd, It's not like that why yr lawyer is threatening to you is unnatural, before passing of the order of sent to the jail it is mandatory that yr property may seized and forfeited and there after if the amount is paid from that property the court can not pass an order to sent you jail. Maintenance application should be file in every 11 months if she has failed to file then arrears will not be paid. And You can challenge the order before Hon'ble High Court.