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Sca against deo and state of gujarat.

(Querist) 14 November 2018 This query is : Resolved 
Respected Experts,

My wife appeared for interview in April 2017 for the post of English teached in one of the secondary school in Ahmadabad. She qualified in interview and school sent the application to DEO for further clarification but DEO rejected the application with reason that the university in which she studied is not recognized by UGC. Then we inquired and got all the evidence of the University affiliated with UGC and even its listed on UGC's official website.

So we filed SCA against DEO and State of Gujarat as respondent.

Currently the stage is "192-NOTICE & ADJOURNED MATTERS".

So my query is if we win the case will she be appointed as per prior date i.e. April 2017 and is there any provision that if the joining date would be from April 2017 then the salary will be given to us for the period till now. If you have any similar case or judgement in your knowledge then please share so we can proceed accordingly.

Thanks.
KISHAN DUTT KALASKAR (Expert) 15 November 2018
Dear Sir,
It goes on the principle “No work No wages” . So even if you get appointment with retrospective effect your wife is not entitled for any salary for that period.

Please mark “LIKE” if satisfied by my answer.
Sandip (Querist) 15 November 2018
Dear Sir,

Thanks for your reply. In this case as the delay occurred due to irresponsibility from other end as they had not checked any evidence and gave such reason, so is there any provision that we can sue on them for our financial loss occurred due to delay in appointment and the wages occurred to appear in court?

Thanks.
Dr J C Vashista (Expert) 16 November 2018
Whether your lawyer has sought back wages in the petition ?
Seek guidance of your lawyer who is an able, competent and intelligent enough to reply your query.


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