Advocate Virender Singh Kadian

Questions Answered by Advocate Virender Singh Kadian

Q: How to rejoin in the navy

i was in indian navy for four year but after that i'm medical out invalid medical board in modrate depression case and now i'm medical fit i don't have any medical issue Can i rejoin the indian navy ?

Advocate Virender Singh Kadian answered
You have to provide full details i.e when you have been invalided out and whether you have been granted with disability pension or not generally there is no such provision of re-instatement once the person is invalided out but in Army there is a provision i.e person can be reinstated once he found fit by another Medical Board and I have got order from AFT in case of recruit who was invalided out than re-instated. If you are not granted disability pension than you have right to get the same , for that you may file OA in AFT

Q: Where to file a AO/writ against ACR

Stat complaint on ACR year 2001 has been recd from records office and the same has recommended to be rejected based on comments of RO of ACR 2001. Now it will be processed through staff channels. Six months time for disposal of the same will completing on 23 Sep 16. My case may be refer with Hav Gambhir Singh in MP high court. ACR for the year 2001 accepted by records office technically incorrect in terms of Para 41 of AO 7/95. Moreover ACR 2002 graded by another IO as above average had downgraded high average by same RO. I would like to know where I file the AO/writ

Advocate Virender Singh Kadian answered
You may file OA before the Armed Forces Tribunal in the state where you are posted, and if you have made a statutory complaint and the same has been rejected than you may file OA in AFT Delhi. ACR/promotion is subject matter falls under the jurisdiction of AFT.

Q: I refused to go on TD due to which i was given black intary

I am lmc A2 permanent (left hand index finger broken) I am posted at high altitude area 9000ft, No excuse on high altitude is given to me by Doctor . I was given black intary when I refused to go on TD I refused on the base of my lmc I want legal advice Next time they are sending me on 15000ft for duty

Advocate Virender Singh Kadian answered
In defence service you cannot refuse straightway to proceed on TD except you have strong medical grounds with respect to performance for that duty which your medical conditions does not permit, but refusing to go on TD based on reason left hand index finger broken is not advisable. You may not take such chance

Q: In person Service of Notice U/s 80 of CPC to the Employer.

Query: Learned Sir/Madam, Kindly guide 1. Whether an employee can himself (in person) serve notice U/s 80 of CPC to his employer ? 2. Does such notice require any stamp fee and/or notarization ? I shall remain ever grateful to you. Thanking you.

Advocate Virender Singh Kadian answered
Representation can be made , no fee is required for making representation to the department. the purpose of serving legal notice under section 80 is for making the other party aware that he has a case and that the issue may be settled amicably otherwise the party will have option to file the case

Q: Pension Refused Serving Army for 17.5 Years Counting Rank Service

Pension Refused after Serving in the Army for 17.5 Years Service a) Enrolled as Sepoy in Dogra Regiment on 08 Oct 1968 ( Total Service Counted Towards Pension ) Last Rank Held L/NK, b) Commissioned in 11 GR on 11 June 1977 , c) Low Medical Category S2 , d) Released from Army on 07 April 1986, e) Release Medical Board ( RMB ) was not held . Therefore entitled to Disability Pension too, Reasons for Removal from Service on the Allegations of Plural Marriage, Granted 95 % Retiring Gratuity in 1992. NO Response from Defence Ministry, I am entitled to Pension after 15 Years 

Advocate Virender Singh Kadian answered
Yes you are entitled for pension after 15 years after calculating both the spell , your are also entitled for disability pension. if you have been discharged under section 20 (3) of Army Act 1950 than also u are entitled for disability pension, In many cases I succeeded in Armed Forces Tribunal and got relief.