What should I do?
Querist :
Anonymous
(Querist) 09 September 2010
This query is : Resolved
I am Govt employee(Class-II)& law graduate in health care organisation working on adhoc capacity for last 12 years.I used to get the extension for the period of 6 months.In year 2001 interview for the regular posts held and I was being placed in the panel as waitlisted candidate But the waiting list was not displayed b y the employer.One appointed candidate has resigned from services but my candidature was not considered by the employer. I came to know about this fact through an RTI Application filed in year 2007 and made my representation to the employer.The employer gave its replied that my case cannot be considered for regular appointment as the resultant post has been floated into the reserved category
I filed the petition in the CAT who has given verdict in my favor with the apex court judgement that Reservation applied to the posts and not to vacancy and it has given differential treatment to the petitioner and directed the employer to regularise the services from date of accural of vacancy with all consequences admissible in law with in the period of 3 months. The judgement was pronounced in Feb 2010
After the period of 3 months, I send the reminder to the employer to kindly implement the order but I didn't received any intimation
Finally I move the contempt petition against the employer for willfully and delibrately non implementation of the order
My adhoc tenure was expired on June 2010 and the employer has not relaesed the salary of July & August 2010 with the contention that I have not applied for adhoc extension
So I filed separate Miscallneous Application in the CAT to give directions to the employer to release my salary with interests
My query are:
1 Whether I should apply for adhoc extension for another period of 6 months so that employer can release my salary?
2 Whether my application for adhoc extension will not be contrary to the Judgment/order of the CAT who has already passed an order to regularise my services from year 2002
3 Whether employer can seek defence that he has not applied for adhoc extension and we are not binding to release the salary
4 Whether separate writ in High Court or in Supreme court is maintainable to release the salary?
6 Any other suggestion which the respected experts will like to give
s.subramanian
(Expert) 09 September 2010
1. Do not apply for adhoc extension since the same will be against the order of CAT.
2. No the employer cannot take such a defence since the same will be violative and in disobedience of CAT order.
3.You need not approach the High court or supreme court since the matter is before CAT.
M/s. Y-not legal services
(Expert) 15 September 2010
