Advocate Jitendra Saksena

Questions Answered by Advocate Jitendra Saksena

Q: Can I get seniority and other benefits from CAT judgement

I was initially appointed as a medical officer in adhoc in feb 99 under defence ministry. filed a case in cat and cat has given direction for regularisation in july 2001. But department has not implemented and moved to high court . in march 2014 department withdraw high court case and regularised my services through UPSC from Jan 2016.my question is that can i get seniority and other benefits from cat judgement ie july 2001 because department withdraw case so cat judgment should be implemented. one more thing my service is without break from july 2001.my initial appointment was as per rule.

Advocate Jitendra Saksena answered
Yes you can get the benefit of seniority as well as in salary as the pay commission as when applicable, you are also like other similarly situated employee in your department. Because once the case is withdrawn by the department meaning thereby the judgement of CAT is upheld.

Q: Husband has an affair before marriage and he lied to me

Hello sir... My Husband has an affair before marriage and he lied to me when I get to know about this.He is not leaving her and continue in contact with her so i just want to be seprate but i have a one year kid and worried about his future if I get divorce then his custody goes to me or not and I am not working now so Spence is a big problem.so I want to know about my child's custody and alimony.

Advocate Jitendra Saksena answered
You can get a divorce from your husband on ground of adultery but you have to proof it otherwise on the ground of mental harassment and torture, you get alimony and as well as the child will also get alimony and share in the property, if your husband in relation with other person then definitely the custody will not be given to him and mother is natural guardian.

Q: Can the original terms/conditions of a terminated contract be changed

1. Can the original terms and conditions of a terminated contract be changed in a risk and cost tender notice

Advocate Jitendra Saksena answered
Please clarify what does mean " in a risk and cost tender notice" The terms and condition can be altered of a terminated contract also because once the contract terminated and if the parties want to start as fresh they can changed the terms and condition but only with the consent of parties, if mutually agreed, and fresh supplementary agreement will be executed between the parties with their consent.

Q: Employer- Employee dispute & i went Absconding, now got legal notice

Hi, I left my job without resignation & serving 2 months of notice due to poor team environment and salary increment issues and i recently got a legal notice stating abscond and to pay 2 months salary + training amount of 50 K(which they never provided). The notice say if i don't pay in 15 days it will lead to civil & criminal case. What should i do now & can they treat there employee as criminal? Do i need to reply the notice & what if i don't reply them? Kindly suggest

Advocate Jitendra Saksena answered
Hi! to resolve the said issue it is necessary to know the terms and conditions of the appointment letter, when you have join and when you have left the office, what is the nature of job, Only then the relevant reply can be prepared in your interest. Absconding from job without intimation is a serious issue but the same can be resolved.

Q: query on arrest law - how to get siblings out of false 498a case

in dowry case, is it possible to get some of the accused out of the case? Some lawyers suggested that boy's unmarried siblings will be out of the case and only main accused (boy) and parents would be called up on the dates. Is it correct? And if yes then how the siblings are removed from the case?

Advocate Jitendra Saksena answered
Siblings can be removed form the case, but it depends upon the charges levied in complaint or FIR , After filing of charge sheet the discharge application can be moved, but first its has to be seen what evidence and material collected or presented by the prosecution. Age of siblings are also a considerable factor whether minor or major. Married and unmarried doesn't make much difference.