Need advice
prateekkkk
(Querist) 22 April 2013
This query is : Resolved
respected members,
i have filled an OA in central administrative tribunal which gets dismissed...Now i have filled a review petition as some important facts were not considered while delivering the judgement... my question is that whether CAT has power to change or reverse its earlier judgement???
Khaleel Ahmed Mohammed
(Expert) 22 April 2013
Review is not proper remedy, you are advised to file appeal before High Court.
ajay sethi
(Expert) 22 April 2013
what were grounds of dismissal ? what were the facts not considered by CAT . mention detailed facts of your case
prateekkkk
(Querist) 22 April 2013
Sir,
I am a phically handicapped (40% form right hand) group B, Assistant non gazette central emoloyee I was given offer of promotion order as Section Officer out side my native place from the date of resuming of my duty as section officer at new place which is morethan 400 KM from my native place where I am working for more than 24years and where vacancieas of Section officer was exist. NO TRANFER policy has been notified. I made a representation to my appointing authority requested them to consider my promotion at my native place as per dopt om dated 13/02/2002 which is specifically made for handicapped employees for consoidering their posting at native place or near to native place.. My appointing authority rejected my request with a reason that that dopt om is not application in my case as it is applicable for transfer and request for transfer only . As per my promotion order I was eligble TA/DA and joining time. The TA/DA joining time would be given when transfer are involved. But the officer of my office does not listen this . I approach to honble to Cat but honble judges have given their judgement order on the basis of language of the disability CERTIFICATE IGNORING THE 40% OUTCOME AND SAID THERE IS NO OTHER physically DISABILITY EXCEPT PARTIAL LOSS OF HAND FUNCTION and IGNORED THE other facts such as no transfer policy OF MY OFFICE , availability of vacancies at my native place AT THE TIME OF MY PROMOTION and the examples of my other officials MENTIONED IN MY OA who are normal and offered initially posting outside but after their refusal consider them at their native place which I was given in my OA filled at CAT. Now I have filed a review application whether cat can change their order on the ground that some important facts which were not consider while delivering the order for dismiss the OA.
prateekkkk
(Querist) 22 April 2013
these are the facts sir
Devajyoti Barman
(Expert) 23 April 2013
Court or Tribunal hardly make any changes after Review petition.
Dr J C Vashista
(Expert) 24 April 2013
File a writ petition under Article 226/227 of the Constitution against the impugned order passed by CAT.