Advocate Bhavik Ranjit Samani

Questions Answered by Advocate Bhavik Ranjit Samani

Q: Mismatch of father name surname in education certificate and adar pe

Mere education certificate may father surname lga huva h or adar , pen caste certificate family id may nhi h father surname nhi lgate unke documents may document verification k liye jana h aiims may lekin mismatch h solution btaye jisse ki rejection na ho or permanent rasta btaye update b nhi ho rha adar card bol rhe proof lao jisme father surname lgate ho mere pss nhi h plz help m reject na hu dv may plx

Advocate Bhavik Ranjit Samani answered
carry all original documents and an affidavit explaining the father’s surname mismatch during document verification. Submit a written request seeking an opportunity to rectify the discrepancy rather than rejecting your candidature. For a permanent solution, obtain the required supporting documents and apply for corrections in Aadhaar and other records. An affidavit alone does not guarantee acceptance; the final decision depends on the recruitment rules and verification authority.

Q: Gratuity calculated on different basic pay

I was on leave from bank in may and got transferred to a remote place as per annual general transfers. I decided not to join and initialy submitted medicals which they did not accept. I eventually reaigned in august buying out the notice period. So,my notice period buyout was calculated on april salary as i did not join the new branch in may. Now,gratuity is also being calculated on april salary,however I received may salary for 22 days and my increment is due in july..how do I contest this?

Advocate Bhavik Ranjit Samani answered
you should submit a written representation to the bank challenging the gratuity calculation under Section 4(2) of the Payment of Gratuity Act, 1972, which provides for calculation based on the rate of wages last drawn. Since you received salary for 22 days in May, request the bank to clarify why April salary was treated as your last-drawn wage. Also, claim the July increment only if it became legally effective before your retirement/resignation under the applicable bank service rules. If the bank rejects your claim, approach the competent Gratuity Controlling Authority

Q: Looking for lawyer dealing in the matters of disability

I was terminated by my company post my accident in April 2025 while I was hospitalized and bed-ridden, Company didn't pay my dues including salary of May 2026. in Dec 2026 I was certified by Civil Surgeon with 25% disability. I filed my case in the court of Chief commissioner for persons with disabilities, my company raised objection on admissibility citing this as 'Private contractual disputes', I put forward key sections. CCPD asked me to file my written reply which I did. Now I am looking for

Advocate Bhavik Ranjit Samani answered
The company’s objection that the matter is a private contractual dispute is not necessarily sustainable if the termination violates rights protected under the Rights of Persons with Disabilities Act, 2016. However, the applicability of Section 20 depends on whether the employer is a government or private establishment. You should establish the link between your termination and disability through medical records, the termination letter and salary dues evidence, while addressing the Chief Commissioner’s jurisdiction under Section 75 of the Act.

Q: property (shop in commercial complex) maintenance issue

the builder appointed maintenance agency for last 8 yrs is asking exorbitanr charges without any accountability to shop owners.most oeners have not paid for last 4 yrs and are not allowed to open their shops 1.what remedy do we have 2. does law of limitation of 3 yrs apply here (builder has not sued as his illegalities would come before court)

Advocate Bhavik Ranjit Samani answered
The shop owners may approach the competent civil court for an injunction against the illegal closure of their shops and challenge arbitrary maintenance charges by demanding audited accounts and expenditure details. The three-year limitation period generally applies to recovery of maintenance dues, calculated from the date each instalment becomes due, subject to the applicable facts and law. However, limitation does not automatically cancel all outstanding dues. The legality of the maintenance agency’s actions and the denial of access should be examined based on the sale deeds, maintenance agreement and other relevant documents.

Q: Report of service clarification

As per ahlmad of court report of service of notice to appear in court is a confidential report and is attached in file before a date of hearing..is it correct ?? Or ahlmad have misguided?

Advocate Bhavik Ranjit Samani answered
The report regarding service of notice is generally placed on the judicial file for the Court’s consideration before the hearing. However, it is not automatically confidential or inaccessible to the parties or their advocates. The right to inspect the report depends on the applicable court rules and any specific judicial order. You may request inspection of the judicial file through the prescribed procedure.