Delayed appointment
shiv
(Querist) 26 May 2014
This query is : Resolved
600 medical officers were absorbed in contractual posts by state govt in 2008. discrepency in the list was found and writ filed. the high court ordered fresh list to be prepared which led to subsequent absorption of 150 more medical officers in year 2014.the court was relaxant enough not to dismiss earlier doctors in case vaccancy was there. the querry is whether the new joinees are entitled to service benefits, arrear benefits, seniority benefits and etc as par those who had joined in 2008. what is the best possible relief for them, and are there any similar references of court orders.
Devajyoti Barman
(Expert) 27 May 2014
Your information is too scant to give answer to this query.
The reply to your query would depend on perusal of whole case history which is lacking in your post.
shiv
(Querist) 27 May 2014
THE ISSUE CAME DUE TO WRONG CALCULATION OF TOTAL PASSING MARKS IN RESPECTIVE GRADUATION EXAMINATION, BASED ON WHICH A STATE LEVEL LIST WAS CREATED IN 2008. THE STATE HAD CALCULATED PASSING MARKS RATHER THAN FOR HIGHEST MARKS FOR THE CANDIDATES WHO HAD PASSED THEIR GRADUATION IN SECOND/THIRD CHANCE. THIS WAS CHALLENGED IN HIGH COURT, AND AFTER OBSERVING THE FACTS THAT HIGHEST OBTAINED MARKS WERE TO BE TAKEN IN CONSIDERATION, THE COURT NOT ONLY ASKED TO CREATE A NEW LIST BUT ALSO INITIALLY TOLD TO DISMISS EARLIER CANDIDATES. THE OLD CANDIDATES AGAIN REQUESTED TO COURT NOT TO DISMISS THEM AND THEY WERE NOT DISMISSED ON VACCANCY AND COMPASSIONATE GROUNDS.
THE NEW LIST CANDIDATES WERE SENT LETTERS IN JAN 2014, AND THEY SUBSEQUENTLY GOT ABSORBED, BUT THEY ARE BEING GIVEN THE SALARY OF 2008. MY INITIAL QUERRY WAS REGARDIND THIS. KINDLY LET ME KNOW IF ANY FURTHER DETAILS ARE REQUIRED
Isaac Gabriel
(Expert) 27 May 2014
At the most,you could get seniority,but the salary compnent with effect from the date of joining.To get this order you have to move the court again.
shiv
(Querist) 27 May 2014
thanks for sharing your suggestion. further also guide if the proper place to put the case is CENTRAL ADINISTRATIVE TRIBUNAL
Guest
(Expert) 27 May 2014
You have not stated what relief was sought from the court through candidate's earlier court case.
However, your client can claim inter-se seniority amongst the selected candates of 2008 as well as the presumptive pay, equivalent to his immediate junior, as if he would have served the department since 2008, but cannot claim arrears of pay since 2008, as he had actually not worked on the post.
shiv
(Querist) 27 May 2014
The earlier candidates name were not included in list or placed at a very low level in list. by rti they came to know that the minimum passing marks were taken into consideration. they had appealed that if the actual marks were counted their nae would be much higher in the list and hence eligible for selection.
we were looking forward for the arrears as the court had in its statement mentioned the first list to be illegeal and to be dismissed. only after the dismmissed list candidates requested to high court for continuing,they wrere allowed on vaccancy basis and soft grounds.
in any case your, suggestions are enlightening.
Guest
(Expert) 27 May 2014
Already advised. No use to stretch the thread. You may try if the court agrees for pay without work. No pay for no work is the formula in Government organisations.
