Appointment by promotion in govt
Dr.Jai Prakash Jha
(Querist) 08 July 2012
This query is : Resolved
Sirs,
Despite the direction of the PATNA HIGH COURT by it's order dated 1.7.2011 by which the respondent corporation namely STATE FOOD CORPORATION of GOVT.OF BIHAR was directed to consider my case of promotion within two months , in the light of the gazette notification dtd 1.4.1981.by quashing the minutes of the the selection committee that the said post should be filled up by the deputationist officer from the state govt.The respondent corporation still stuck to it's earlier stand by which they have rejected my claim even when the state govt had instructed them to honor the direction of the Hon'ble PHC within the specified time.
Ag-rived by such state I moved again before the Hon'ble PHC to get it's earlier decision implemented.There are still two post Of Chief are vacant due to repatriation of the deputationist .
Though the corporation filed it's counter affidavit the court observed that the state should also defend it's stand in view of the earlier direction and observation of the court. The time for this was fixed for 2.2.12. and in the mean time the corporation was restrain to fill both the two vacant post of Chief.
Now the problem is (A) that the state govt even after expiry of the so many months of the fixed date has not filled its stand and is also not willing to file it's stand hence advised the corporation to do needful to get the court aware with the govt's stand(?) and(B) THAT the corporation is now trying to repeal the gazette notification dtd 1.4.1981.which the courts have already recognized in its earlier judgement/orders
IS THE STEP OF THE GOVT/CORPORATION ARE NOT TANTAMOUNT TO CONTEMPT OF COURT.CAN GOVT SWITCH OVER FROM ITS EARLIER STAND TO HONOR THE EARLIER JUDGMENT OF THE COURT TO COP-ORATE THE CORPORATION IN REPEALING THE NOTIFICATION WHICH WAS THE BASIS OF THE ORDER OF THE COURT -EVEN AFTER A GAP OF MORE THAN A YEAR.
The case is running on daily cause list and to be taken shortly. In the above mentioned circumstances what should be our stand -as petitioner and is there any judgement of the Apex Court in our fab-our to cite.
WITH REGARDS
DR. J.P.JHA
Guest
(Expert) 08 July 2012
Depends upon the interpretation of the judgment. Sometimes, the client is not well inormed about the intricacy of the judgment or the client himself misinterprets the judgment in his favour, while the legal jargons spell some different decision of the court, which may further be having strings of some conditions attached to that.
So, it will be better to consult some local experienced service law expert by showing him the copy of the judgment. You can also send scanned copy of the judgment to any of the preferred service law expert to have his learned opinion.
However, would your observation be right, that would a clearcut case of contempt of court, which you can launch in the competent court of law.
Any repeal of Gazette notification cannot have retrospective effect. So, judgment of the court cannot be made null & void merely by post dated repeal of Gazette notification.
Guest
(Expert) 10 July 2012
You are welcome.
