All the consequential benefits
MANIK LAL GUPTA
(Querist) 18 June 2017
This query is : Resolved
Sir,
I want to detail a chronological history, please read and give suggestion for solution:
1. I attended an Interview for the post of Scientist-B of a department under Govt. of India on 27th April, 2010.
2. I was placed at Reserve panel as no. 1.
3. I challenged the selection of selected candidate, who joined the same post on 03rd June, 2013 (since he was not having essential qualification).
4. Hon'ble CAT, Jabalpur directed to issue an appointment order in favour of applicant with all the consequential benefits.
5. Selected candidate challenged the order passed by Hon'ble CAT, Jabalpur.
6. Hon'ble High Court of M.P.passed an order that "Going by settled law no fault can be found with the view taken by tribunal".
7. Selected candidate approached Hon'ble Supreme Court of India.
8. Hon'ble Supreme Court of India passed an order that "We are inclined to entertain the SLP, which is accordingly dismissed"
9. I requested to Secretary to implement the judgement of Hon'ble CAT, Jabalpur.
10. I got an appointment on the post of Scientist-B w.e.f. 23rd August, 2016.
11. I requested Under Secretary to implement the complete judgement i.e. with all the consequential benefits.
12. Under Secretary refused.
13. I requested to Secretary to issue an appointment order with retrospective effect along with Salary arrears, seniority and other related benefits.
14. Received letter from Under Secretary for Refusal.
15. I requested to Secretary to refer the matter to Department of Personnel & Training and Department of Legal Affairs (Ministry of Law) for proper legal interpretation to implement the complete judgement.
16. Received letter from Under Secretary with a stipulation that request of Sh. M. L. Gupta stands rejected.
At this stage, I want to know what shall I do and whether I did any wrong thing.
Please suggest positive way, which should be followed in this regard.
Sudhir Kumar, Advocate
(Expert) 19 June 2017
have you consulted your lawyer on the feasibility of filing contempt case.
Dr J C Vashista
(Expert) 19 June 2017
You should move to CAT through your counsel for execution of orders passed in letter and spirit i.e., with all consequential benefits of seniority, pay and allowance (with arrears plus interest thereupon) etc.
You have the option to file a contempt of court u/s 15 of the Administrative Tribunal Act, 1986 read with section 12 of the Contempt of Courts Act, 1971 against the Under Secretary (in person/by name).
Rajendra K Goyal
(Expert) 19 June 2017
Agree with the expert Dr J C Vashista ji.
Dr J C Vashista
(Expert) 19 June 2017
Thank you Mr. Rajendra K Goyal ji for agreeing with me.
Kumar Doab
(Expert) 19 June 2017
Agreed with Mr. Sudhir Kumar,Dr.J.C. Vashista.
Dr J C Vashista
(Expert) 20 June 2017
Thank you Mr. Kumar Doab for agreeing.
Sudhir Kumar, Advocate
(Expert) 20 June 2017
Perusal of entire papers will indicate whether or not the contempt can be filed or has become time barred.
MANIK LAL GUPTA
(Querist) 26 November 2017
Dr. Vashishta Sir, Goyal Sir and Doab Sir,
As per your motivation and discussion with my present lawyer Shri S.K. Nandy, I filed a contempt case against Secretary, MoEF&CC, Govt. India before Hon'ble CAT, Jabalpur. Hon'ble CAT, Jabalpur informed us that this contempt can not be accepted since partial order has already been implemented and advised us to withdraw and may file Miscellaneous Application for the execution of orders.
Again I filed MA for the consequential benefits i.e. applicant's appointment should be antedated to the date of appointment of his batch mates by giving him notional monetary benefits, pay fixation, eligibility for promotion under FCS, seniority etc. as Nandy Sir advised.
In the mean time my batch mates have been called for an interview as a part promotion process under FCS and they have been promoted to the next grade w.e.f. 9-10-2017.
My lawyer informed me that on 24-10-2017, Hon'ble CAT issued an 'Compliance Order' to MoEF&CC and the next date is 08-12-2017.
In this scenario, can you please suggest me any thing for my better carrier.
Guest
(Expert) 27 November 2017
Dear Shri.Manik Lal Gupta,
Since interpretation of experts about the language of the court order may differ with the interpretation of your own lawyer, it cannot be possible for any expert to suggest you anything about the implications of the court orders, what to say of your career without going through the contents of your petition, order of the HC and the order of the CAT about compliance, as you lawyer would up-dated you.
Further, consequential benefits also depend upon the relief sought through the petition by your lawyer as well as that allowed in the HC Order.
So, you may better get examined the copies of the original application, orders of the HC and that of the CAT also by some expert to help guide you appropriately.
