Advocate Anshuman Srivastava

Questions Answered by Advocate Anshuman Srivastava

Q: Advice in case when Supreme court cancelled University degree.

Sir I have Diploma degree of JRN rvdu University (2007-10).is my certificate is cancelled or this decision is only for B. Tech holder's. I am confused please guide me.

Advocate Anshuman Srivastava answered
Your question is not clear. Please give the details of the ‘decision’ given by the Supreme Court which you have referred to. Only the judgment / decision you are referring to will give proper clarity over the subject.

Q: What action can I take in case of Denial Of Incentives

Hi, I resigned from my last job a month back. During my interview, I was promised a percentage of the event cost for every client I bring in. The company's HQ is in Mumbai and I worked for the Delhi Office. Now my Business Head - Delhi is denying that he haven't received my share of incentives but the HQ staff has mailed me that my share was given to my Business Head - Delhi. What do I do ?

Advocate Anshuman Srivastava answered
In the first place you should send a legal notice through a lawyer to the company HQ as it is the company which had promised you the incentives. A copy will also be served at the Delhi office. Further course of action will generally depend on what does the company respond. In case it is negative, a suit for recovery will have to be filed. In case the company still responds that the money has been sent to the Business Head-Delhi, then there can be a possibility of filing a criminal case against the Business Head as well. However that can be determined only if the documents are gone through. Thank You

Q: What to do when pay is not revised as per government notification?

Sir, I superannuated from central government service in 2012. In 1994 my pay was reduced by four stages for four years. On restoration in 1998 my pay should have been restored to its original position where it would have been if there had been no penalty of reduction, as stated in GIO (2) below FR-29. But I was not given four increments of 1994 to 1998 in violation of FR-29. Can I file a writ petition in SC or HC now ?

Advocate Anshuman Srivastava answered
Sir, As you had superannuated from the services in 2012, there is no possibility that any Court will consider your case at such a belated stage as your case is beyond the limitation period. The only exception could be, that you were totally helpless during all this period. Another difficulty would be to convince the Court that your cause of action was subsistent until 2012, because otherwise your actual cause of action was in 1998. I hope this resolves your query.