Advocate Retd Col Rajesh Nandal

Questions Answered by Advocate Retd Col Rajesh Nandal

Q: Disability pension as suffered an accident aboard ship & released

Sir,I joined IN in July1976 as pbor, In July84 ,I suffered an accident on board ship at sea,I was operted twice but my knee movement could not be restored, I was placed in cat s3A2 pmt.as I was finding difficult to perform my duties ,I was just 24 yrs and my carrier also suffering in IN ,I requested for premature release , at the time of release med board put me at 20% disb.and my injury was attributable to naval service.I left IN on 19 Nov 86 w/o any type of pension, Pl. guide if I am entitled for a disb pension or normal pension

Advocate Retd Col Rajesh Nandal answered
Yes you will have to prove certain things and if court is satisfied about its genuiness it can grant you disability pension.I can't comment just on the basis of ur statement.You have to come to AFT,R K Puram,New Delhi and show your connected papers to me trhgen i will take a call.

Q: Someone withdrawn money from account through ATM without card

Sir, Someone has withdrawn money from my account thru ATM in RK puram Delhi. But that time the ATM card was with me. I have not shared PIN / CVV with anyone. I am residing in Ghaziabad.Kindly let me know where to register the FIR,as Ghaziabad police denied to register FIR. Kindly help , I have lost bigger amount & I am in urgent need of money. Thanks & regards, 

Advocate Retd Col Rajesh Nandal answered
Write the details in a letter and forward to police station concerned for registering FIR,they can register Zero FIR and subsequently it can be transfered to concerned police station.Approach court in near by and they will ask Police to register FIR.More when we speak

Q: Employer not approving the annual leaves, what can I do?

I had informed a month prior to my scheduled annual leaves of 1 week. But my HOD is continuously refusing to provide approval on the leaves even though I have requested him many times. Even though they are continuously saying that year end is a critical time to provide leaves when the leaves are required to be availed but he has all the required personnel to manage the work in my absence. But he is rejecting the leaves request blindly saying no leave shall not be given to any employee during that time. He has been playing politics along with his subordinates and making a performance issue against me for the past few months even when there is no performance issue. They are specially targeting me & trying to spoil my image in view of sacking my job. Now when I already have done the reservation for the trip, being a female do I have a strong case against the harassment done to me by my employer due to the issues so far and also due to this leave issue if I go for leaves without approval.

Advocate Retd Col Rajesh Nandal answered
Few things will matter:Did you applied in writing.Is he refused in writing.But yes dont leave without approval,speak on phone then i can advice you how to go about it.It will go against you in future as it will lead to some complications at company level and you willbe told this happened due to your conduct.

Q: statutory complaint return from Comd HQ stated not as per format

SirI filed statutory complaint on 26 Apr 2016. Now the same has been returned by Comd HQ stated that as the same is not as per format. As per law it should be disposed off within six months. I have been posted out from my previous unit in May 16. Comments of IO and RO from where its filed are favourable of me. As per format part III should be signed by CO of the unit. Since I have been posted out from where I filed complaint. Its means I have reqd to file a fresh complaint. 07 months already over. If I move to AFT they will ask for remedy from department. There is no provision to move to civil court and honourable HC as per AFT act. So may I request you plz Advice me Can file my OA in AFT in this situation.

Advocate Retd Col Rajesh Nandal answered
yes now you have right to approach the AFT and ask the relief through them.Where you have to file depend upon territorial jurisdiction and your place of posting as well as last place of posting.More details can be discussed telephonically

Q: Eligible for disability pension or not

Sir I am retiring on 31march2017. I am suffering from Hypertension and got diseblity 30% but not attributable /not aggravated by service by RMB.Can I get diseblity pension.

Advocate Retd Col Rajesh Nandal answered
Please refer to your querry ,you can get the disability pension after you are released.Contact in personwith all the required medical documents and then it can be seen and said with cent percent surity.At the face of it you seems to be eligible.A proper court case has to be filed and it can pass an Judicial order in your favour.