Dismisall of a probationer from service--grounds?
kiran
(Querist) 14 April 2013
This query is : Resolved
Sir, I was appointed under recruitment process in the year 2009 as Judgment writer (jw) in Karnataka High Court initially for 2 years probation under amended rules 2009. In another process of promotions, without any recruitment notification, jw's working in the high court/lower court were called for a test and promoted. These promotions of jws to the post of Sr.JW were challenged by high court staff in writ action, in which all the promotions made to the vacancies created before amended rules 2009 came into force were quashed. In the meanwhile, i was kept as a probationer for four years (2013) without extending, without intimating the reasons to me and without 2 years increments (though representation was given for declaration of my PP). Now, consequent to the judgment in above writ, to which i was not party nor my recruitment was questioned and though i am not a promotee, my appointment is cancelled and i'm sent back to my earlier post, giving reason tht they have not followed rules/procedure while appointing me and my appointment is to a vacancy which arose prior to amended rules 2009!!! My apptmt order was not made subject to any writ/disputes. I've fulfilled all the requirements/i've no DE's against me. The junior jws who were appntd like me were not disturbed saying tht they were appntd to vacancies that arose after amded rules-09. Now, can a higher judiciary like high court admn comit blunders in recruitment, do not declare PP for 4 years and pass the same to a candidate and quash his valid recruitment? What shd by my course?
Sudhir Kumar, Advocate
(Expert) 14 April 2013
meet nearest available service lawyer as you seem to have a prima-facei good case.
Guest
(Expert) 14 April 2013
You can't be both, as "JW" (as per description of your post and "student" (as per your profile), at a time.
Raj Kumar Makkad
(Expert) 16 April 2013
It seems this is just an imaginary query on your part.
