Regarding a closed cat court case
Sudhir Rao
(Querist) 20 October 2017
This query is : Open
Respected sirs,
I here by take previlege to ask u suggestion regarding a case..I won a case in cat cout Kolkata in the year 2015 citing the judgement of Patna CAT court of similar matter which was later upheld by Delhi High Court ..Afterwards the aggreived party (staff selection commison) challenged the same decision in Supreme court and that appeal was also dismissed ..Meanwhile our judgement was again challenged by SSC during the pendency of orginal judgemtn in Supreme court but we backed out of the case due to inevitable reasons ..Now I got to know about the sc's Judgement that the order of Patna cat court is upheld...So ,i m in dilemma whether i would get justice or not as i backed out of the case when it was challenged by SSC...pls suggest what cource of action is availble to me to get back my job on the basis of that judgement..
Rajendra K Goyal
(Expert) 20 October 2017
Full case file and orders of court need to be referred, discuss with your lawyer.
Sudhir Rao
(Querist) 20 October 2017
Thanks for ur reply.. Let me tel you judgement of CAT court was in our favour ..when it was challenged in the same court for review i backed out of it as the orginal judgement on the basis of which our judgement was passed ,was challenged in supreme court...I belong to a lower middle class family where financial crisis is the the most common problem..So , i wanted to know some remedy from some of the best lawyers like you to take a proper decision before proceeding further..Regards..
Dr J C Vashista
(Expert) 21 October 2017
As the CAT (it is a Tribunal and not Court) verdict is in your favour there is no need to bother.
Besides this CAT Patna (citation in your case) is stated to have been upheld by Supreme Court, your case is cemented and confirmed in your favour.
Sudhir Rao
(Querist) 21 October 2017
Thank you so much sir for giving ur valuable time in replying to my concern....I m bothered because i backed out of the case when it was brought for review by the ssc and asked my lawyer to back out as i couldnt afford even rupee due severe financial problem at my home..I didnt even ask for the status of the case since then..Now i got to know about the recent happenings of the apex court..I m just worried if i have to file fresh OA again to get back my job since its been almost 3 years from the date of our judgement and review petitiion ..Thanks and Regards...
Guest
(Expert) 21 October 2017
Stretching of the query further after the response of Dr. J.C. Vasista reveals adequately that your problem is not a real one.
So, you will remain bothered, as you may probably not be able to get the befitting answer to fulfill the need of your academic query.
However, if there is any truth in your description, you may better get your case file referred by Mr. Rajendra K Goyal for further advice, as advised by him.
Sudhir Rao
(Querist) 21 October 2017
Sorry sir for strechiung my query further....However i m going to meet my lawyer tomorrow ...Thanks to all for taking out your valuable time to answer my query ..Regards..
Guest
(Expert) 21 October 2017
Meeting with your lawyer will be a wise step on your part.
Sudhir Rao
(Querist) 22 October 2017
Respected sirs,
Today I met with my lawyer with all docs pertaining to my case...He went through our judgment and apex court judgment thoroughly .He observed that there can be three possiblties since review petition was filed by SSC and the same was not attended by me..Hence his views are as follows--Judgement might have been dismissed or may have put stay on that or may have agian given order in their favour or anything could have happened..He is not sure about the final order after review since he could not find our case file ..Hence ,he asked me to find order given after review petition from CAT court through a court clerk..However ,he drafted a representation letter mentioning our order details and respective apex court order praying for issuance of our appointment letter ont the basis of that with in seven days of receiving that letter just to give a trail to know ssc's stand..Now I regret why I hadnt appreared in review petition ..My career is at stake now..Its highly appreciated if anyone of you could suggest any course of action based on the facts furnished above so that I can discuss with my lawyer if needed..?
Thanks and regards..
Sudhir Rao
(Querist) 23 October 2017
RESPECTED SIR(S),
Pls throw some light on my case based on above facts...It would be kind of u to address my concern...
Thnaks and regrds..
Ms.Usha Kapoor
(Expert) 24 October 2017
Patna HIghcourt and the Supreme court decisions are binding on all employees similarly placed like you whether you backed out or not.Find out the status of review petition of CAT also. Based on all these Judgments you can get fresh Appointment letter or your career would be saved.
Ms.Usha Kapoor
(Expert) 24 October 2017
Dear Client,
If you appreciate my answer please click like button.
Sudhir Rao
(Querist) 24 October 2017
Respected Madam and sirs,
Thanks a lot for taking out your valuable time to address my concern ..Today , I went to the CAT kolkata to find out stauts of the case after the review petition but to my utter dissappointment ,there is no mention of review petition in the register of the court pertaining to 2015 ..It has been searched thoroughly by a clerk so later I put an application to chek my case file and issue the order pronounced after review if at all review is done..I am really confused what might have happened with my judgment..!!
Thanks and regards..
venkatesh Rao
(Expert) 24 October 2017
useful discussion but no fruitful reply.
Sudhir Rao
(Querist) 24 October 2017
Hello Venkatesh Sir.
It would be highly appreciated if you could express your view based on the above furnished facts..I keep posting my case update to get some valuable suggestions from all of you..
Regards..
Guest
(Expert) 26 October 2017
Of course, you can expect some fruitful reply from Mr. Venkatesh Rao.
Sudhir Rao
(Querist) 27 October 2017
Respected Sirs
Its been third day since searching of file was started but no file has been found so far.. The person to whom I entrusted this work is now saying that ur file might hav been held by the member ..He insists that no decision might have been taken sofar against review application..He gives his own reasoning based on his experince.RA is not even mentioned in the review register of 2015.My lawyer says that he cant help me out unless I get hjim RA decison...Is it possible that a RA which was filed in April 2015 is still pending on the gournds of non apperance by me?
Thanks and regards..
