Advocate Mousomee Shome

Questions Answered by Advocate Mousomee Shome

Q: HRA not provided by railway What legal action can I take

Sir, We are working in nf railway ,katihar division.we have applied for railway accommodation but it was not provided even quarters was vacant due to laziness of some officer.now we are asking for HRA but railway is refusing to pay saying that it couldn't provided as quarters were vacant.due to the mistake of some officer we are suffering. Whether any PIL can be filed or any other way to get our due salary.

Advocate Mousomee Shome answered
It is advisable to file a writ petition against the authority.But before any proceedings, make a representation to the authority regarding the same. As you are rightfully entitled to get a quarter during the service and when they are not providing you the quarte,r you are entitled to get the HRA against the same. Take advice of a lawyer for further proceedings.

Q: Criminal case compromised out of court do i need to disclose it in job

,I was charged with 323, 341 and 34 in my college life by a senior and charge sheet was issued.I got summon from the court and I attended the court on due date.Then,the court sent summon to the witnesses of the opposition.But, I decided to stop the case and talked with the main complainant to withdraw the case.The complainat was agreed and he came with me to the court and withdrew his complaint.I was therefore acquitted on 'Out-of-court' settlememt .Now,my question is,in govt. Job verification form What should I write to answer the question, 1)Have you ever been prosecuted?

Advocate Mousomee Shome answered
I would advice you to disclose the same as the matter has ben already settled outside the court.There are several judgments of the apex court where it has been held that a criminal case alone cannot be a ground to restrain a man from applying in government service.As s.323 is non cognizable offence. Suppression of such information is not advisable.

Q: How can I claim family pension

A Govt. pensioner got her pension and all retiring benefit after her retirement on 2008. As there was no nomination and/or any mention of husband in any where of her service book, family pension was not issued at that time. Subsequently, a man has submitted a claim as husband of the said pensioner for his post-retrial marriage with her. But he could not submit marriage certificate or any valid document like legal hair certificate etc except voter card and one gift deed made by the pensioner in his favour as husband in support of his claim. Now, My query - Is he eligible for family pension ?

Advocate Mousomee Shome answered
Acc to the pension Rules - Every govt.servant has to confirm in intial confirmation of his service in form 1 or 2 about the persons being nominated for death gratuity or other benefits.Unless the names are reflected in such form no person can claim such benefits inspite of being a family member. So acc. to your statement the alleged person's name is not reflected anywhere in the service book or nomination form.Which means his claims are baseless and unreasonable.

Q: What will be the minimum working hours and minimum salary of employees

I am running garments shop which is around 200 sq ft?I have 4 employees.My question is how much time will my employee give me for the whole day?Is there any time limit?What is the minimum salary will I pay per day?I am a Hindu by religion

Advocate Mousomee Shome answered
First of all you did not mention in which state you own this shop or carrying out this business. Shop and Estb Act has strict provisions regarding the working hours.Which says as follows - That a young person shall not be required to work for more than 7 hours in a day or more than 40 hours in a week with an hour break after a continous work for 4 hours but not more than that. The National floor level of minimum wages has been increased to rs.160 p/d from july 2015.