Advocate Kashu Shubhamoorty

Questions Answered by Advocate Kashu Shubhamoorty (25+ answers)

Q: Paying the employees due salaries

I have partnership firm by the name of truleads and now my company is closed because of finance issues and we are yet to pay our employees. We have tried to do a settlement because of funds availability. We don’t have enough funds to cover all the salaries so, we have offered them a settlement amount but they are rejecting this. What legal actions I can take to so that I don’t have to pay them full amount and if they file a complaint that we will not impact me and my company . Please guide me

Advocate Kashu Shubhamoorty answered
Hi...under whIch act was your firm registered ? It will make a big difference If it was registered as an LLP . Was the settlement with the employees formally executed ? If yes then you can enforce it.

Q: Birth certificate - name inclusion

Hi, I have a question regarding inclusion of my name in my birth certificate that I need for some legal purposes. I am 33 yrs old, Delhi born. First, there is no name in my birth certificate. Second, my birth father died and my mother subsequently remarried (have marriage certificate). I take my step father's surname. I now need a birth certificate with my (original) name on it and I suppose another document to suggest that it is indeed my birth certificate. What should be the procedure?

Advocate Kashu Shubhamoorty answered
Hi..need clarity. There was no name mentioned in your birth certificate ? Or your biological father's name was nit mentioned ? Few initial steps you can take to change your surname back to your biological fathers- Execute a notarized sworn affidavit declaring the name correction and specifying your biological father's details.Publish Advertisements & Gazette: Publicize the name change in two local newspapers and publish it in the official Gazette of India.Update Official Records

Q: NIC Scientist-B OBC-NCL Certificate Dispute

I am a candidate for NIC Scientist-B Recruitment 2026. My FY 2025-26 OBC-NCL certificate contains my name only as “Yash”, while my subsequent corrected certificate dated 21/04/2026 contains my full name “Yash Rathore”. I have never changed my name; the surname was omitted from the earlier certificate. NIC’s advertisement required an OBC-NCL certificate issued during FY 2025-26, and I am concerned that NIC may reject my OBC-NCL reservation benefit because the earlier certificate does not contain my surname. I want legal advice on whether NIC can reject my candidature on this ground and whether the discrepancy can be established through a Gazette/public notice, affidavit, issuing-authority endorsement or other documents. If necessary, I am considering approaching CAT Delhi. Please advise on the legal strength of my case and the appropriate remedy.

Advocate Kashu Shubhamoorty answered
Yes , it can affect your candidature. First few steps you can take - Make a Sworn Affidavit along with multiple self-attested photocopies.Contact the conducting examination body requesting a name correction.

Q: PROMOTION RELATED MATTER (CISF)

I was due for the promotion of a rank in 2019 but due to two minor punishment 1 slangness & 2 using mobile phone on duty my department has a rule that no promotion to be granted for 5 years. So the promotion which was to be given to me in the year 2019 was given to me in 2023 . so I have completed the currency of punishment. And also after punishment I was charged 3 days pay fine cut + 3 days fine cut =6 now my batchmates are promotion to another rank as per their batch and I have been made 13 years junior from my batch.so isnt this double jeopardy under article ,20(2) I was granted promotion with 13 year junior recruited guys thats fine because of punishment but now my Actual seniority is also as per that batch in every rank it means as per my batch I will retire one rank early isnt this violation of article 14 right to equality and article 16 equal opportunity in public employement can department punish me in all ranks cant I get notinal seniority I need help

Advocate Kashu Shubhamoorty answered
Based on the facts stated, the punishment has already been undergone, and its adverse effect continues indefinitely by affecting every future promotion and your seniority. Under service jurisprudence, a penalty cannot ordinarily result in perpetual civil consequences unless the applicable service rules specifically provide so. You may challenge the same before the Armed Forces Tribunal by seeking restoration of consequential seniority or appropriate notional benefits. However, whether it amounts to “double jeopardy” will depend on the relevant Army/Service Rules and the exact nature of the penalty imposed. The success will depend upon the punishment order, promotion policy, and seniority rules. You should share above documents before filing an Application.

Q: Two Minor Punishment Caused Delay In Promotion For 4 Years Cisf

Two minor punishment like slangness (lazy) , & using mobile phone on duty in same year caused me delay In promotion for 4 years due to which I got promoted with 14 year junior batches.its fine but even after the currency period of punishment is over my seniority is as per the 2007 batch only rather then 1994 batch. So due to such minor mistake delay in every promotion for 4 years is causing great stress to me. Yes I made a mistake. But delaying promotion in every rank. Isnt this double jeopardy and violation of right to equality even supreme court said that .. Double jeopardy is illegal in case 1267 dg crpf union of india vs sc parashar In 2006

Advocate Kashu Shubhamoorty answered
Based on the facts stated, the punishment has already been undergone, and its adverse effect continues indefinitely by affecting every future promotion and your seniority. Under service jurisprudence, a penalty cannot ordinarily result in perpetual civil consequences unless the applicable service rules specifically provide so. You may challenge the same before the Armed Forces Tribunal by seeking restoration of consequential seniority or appropriate notional benefits. However, whether it amounts to “double jeopardy” will depend on the relevant Army/Service Rules and the exact nature of the penalty imposed. The success will depend upon the punishment order, promotion policy, and seniority rules. You should share above documents before filing an Application.