Advocate K. Sankaran

Questions Answered by Advocate K. Sankaran

Q: Am I eligible for Gratuity as per the law enacted in 1972?

WOrking in an organization which has five days work per week and as i have completed 4 years 7 months will i be eligible for gratuity as per law 1972 it says iam eligible but wanted to check with a lawyer

Advocate K. Sankaran answered
Section 4 of the Act mandates continuous service as pre requisite for eligibility to claim gratuity. Section 2A of the Act defines continuous service. It is only period interrupted on account of sickness,accident are only taken into account for including such period for eligibility.As you have rendered only 4 years 7 months you are not entitledtoclaimgratuity.

Q: On what grounds is pension calculated ?

Sir, I joined Govt Aided School in Tamilnadu as Post graduate Teacher in Biology on 01.06.1994. I was terminated from service illegally by the school management on 01.09.2008. In Madras High Court the school management was directed to reinstate me into service forthwith with full backwages with in a week from the date of receipt of a copy of the order. In Supreme Court favoured compensation amount of Rs.50 lakhs for reinstatement and backwages. The school management paid compensation amount. When I contacted DISTRICT EDUCATIONAL OFFICER for Pension and Retirement benefits he has sent a letter citing I am not eligible for Pension as per Tamilnadu Govt Basic Pension Rules number number 21,22,23 . I was shocked to read that I am not eligible for Pension .From 1994 to 2008 I had served in the institution. 2008 to 2016 period compensation only I was given and also for reinstatement. Howfor the whole period can I lose pension and all Retirement benefits.?

Advocate K. Sankaran answered
The order of Supreme court must be studied before answering your question. As you have stated that compensation was ordered there is no scope for claiming pension in the absence of specific direction in this regard. It is suggested that Advocate in Supreme court may seek clarification of the order directing compensation does not exclude pension. If the order of supreme court gives room for claiming pension as a first step you may cause a legal notice justifying your claim and proceed accordingly as pension is not a bounty but is in recognition of your long service. Sankaran

Q: Procedure to recover money taken to provide job by a friend

One of my friend offered a job for 1 lakh, i paid full money after that he didnt contact me after 6 months he called me and told i struck in sea last 6 months and now i am offering u the same job but i refused to go because i got job but i asked my money to him but he is refused to give my mom instead of that i am offering u a job. I need my money what i want to do for my money now?

Advocate K. Sankaran answered
the contract is for providing you job for fees. unless you prove that the job offered is not in existence and no no appointment order was given to you it will be difficult to recover money as you have neither stipulated that job offered must be acceptable to you or if no job is offered within reasonable time you had reserved your right to recover the money. Sankaran

Q: Procedure for lost phone recovery from court

How to recover my phone from court?

Advocate K. Sankaran answered
The registry of the court has laid down procedure for seized mobiles for ringing in court halls when proceedings are in progress. It is also necessary to file a sworn affidavit undertaking not to commit such disturbance and offering unconditional apology for your misdemeanour. it must be prayed that no fine need be imposed as it was accidental and not wilful. Sankaran

Q: Money given to a friend for another friend now not returning it back

One of my friend  is asked money in interest for his friend So I transfer the amount via internet banking for  account before 1year but he didn't return the money so why should I do?????

Advocate K. Sankaran answered
It must be established that you transferred money repayable with interest. Though no written document is available oral evidence will be acceptable if the credibility is established along with proof of payment as per requirement of I.T.Act. Before commencing action it is required to issue a legal notice demanding return of money lent with interest and costs. Sankaran