Organisation have not implemnted the directions of Deptt of personnel and Training
Querist :
Anonymous
(Querist) 06 January 2011
This query is : Resolved
Sir,
In an autonomous organisation of the Central Govt of India, if it doesn't follow the directions what will be the remedy?
I have illustrated the following:
In historic Judgment of R K Sabharwal Vs Union of India, R S Mittal vs Union Of India in which the apex court has given the ruling that Reservation applies to the posts and not to the vacancies and vacancy based roster should be replaced by post based roster system
The central govt via Deppt of personnel and Training given notices to all organisations in 1996 itself to implement the same
But mu organisation did not follow these guidelines and adopt their own irregular procedures and for the sake of interest of all the people some action seeking remedy must be taken against erred organisation
Whether I/we should made complaint to the Deptt of personnela nd training or
writ petition is mainatainable?
whether govt of India should also be made party of the case?
Whether moving to the CAT will solve this purpose?
R.Ramachandran
(Expert) 06 January 2011
Dear Anonymous,
Indicate the name of the Autonomous Organization, this is necessary to know whether they are required to follow Central Government policies and guidelines in the matter of recruitment and promotion.
Secondly, indicate whether there is any recruitment rule in place for the positions which you are referring to. If so make available the copy of the same - whether it permits direct recruitment / promotion.
Thirdly, how many sanctioned posts are there, how many have been filled up (what is the composition OC, SC/ST, OBC etc.), how many vacancies are there now. How you are aggrieved etc.
After knowing these details, one would be in a position to state whether your grievance is genuine or not. If genuine then how to proceed. Before knowing the details, it is very difficult to give a view which would be of use to you.
Raj Kumar Makkad
(Expert) 06 January 2011
In continuation to the opinion of Ramachandran, I suggest to first make a represntation to the Deppt of personnel and Training, GOI failing to get desired results, serve a legal notice including Secretary of your Org & GOI and then file a writ before HC or Sc.
