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sumeet   05 January 2016

Writ appeal for condonation of delay

Dear Sir,

My father has filed one case regarding addition of additional pre-requisite for promotion into his appointment letter after his 4 years of service in mp government irrigation department. Becuase of this addition, he scheduled promotion in 1992 was not done. Later in 2007, they also stopped giving the increments and my father salary was also not updated as per 6th pay recommendations. My father filed the case in MP high court in 2007 and the court gave judgment in favour of us on 16th-Apr-2015. Now after 8.5 months later, rather than doing the final settlement of my father and starting his pension, the state government has filed WA against the decision. Since the manadatory 90 days period for fulfilling the order is passed, there is something like condonation of delay in the case status. Please let me how to take the case forward.

Shall we file contempt of court against State government or face the Writ appeal that the state government has filed. Please let me know how much time this sort of cases can take since my father pension has not started after retiring in Feb-2015, neither his leave encashment is done. 

The court decision copy is attached in the thread. Also please us know some good lawyer in Indore who is good in handling Service matter related cases in MP high court Indore.



Learning

 1 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     09 January 2016

1) U hv to engage an experienced senior service matter expert on your behalf in appeal.  The delay on behalf of Govt the court may condone.

2) Hv u discussed with the Authorities flanked by Union/Association leaders for an amicable settlement even after the appeal is filed.


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