Need advice urgent
prateekkkk
(Querist) 29 May 2012
This query is : Resolved
RESPECTED MEMBERS,
I NEED AN ADVICE ON THE MEANING OF FOLLOWING RELIEF AFTER THE DETAIL OF MY CASE BELOW MADE BY CAT ON THE FOLLOWING CASE....
CASE: I AM A GOVT EMPLOYEE, PHISICALLY HANDICAPPED...I HAVE BEEN PROMOTED ON TRANSFER AND GIVEN POSTING OUTSIDE DELHI, IRRESPECTIVE OF VACANCIES AVAILABLE IN DELHI....I HAVE FILE A CASE AGAINST MY OFFICE IN CAT...FOR WHICH NOTICE HAVE BEEN ISSUED TO THEM.... THEY HAVE TAKEN DATE OF 2 MONTHS WITHOUT HEARING...THEY HAVE ALSO TAKEN EXAM THROUGH WHICH THEY ARE GOING TO FILL VACANCIES THAT ARE AVAILABLE IN DELHI NOW..... I HAVE ALSO APPLIED FOR EXPARTE STAY, FOR WHICH THE HONOURABLE COURT HAS GIVE THE FOLLOWING JUDGEMENT...
"SINCE NOTICE HAVE ALREADY BEEN ISSUED IN THE MAIN CASE, AT THIS STAGE NO FURTHER ORDERS CAN BE ISSUED FOR RESTRAINING THE RESPONDENT.....HOWEVER WE WOULD LIKE TO PROTECT THE APPLICANT BY DIRECTING THAT IN THE MEANTIME IF ANY ORDERS ARE PASSED, THAT SHALL BE SUBJECT TO THE OUTCOME OF THIS OA,.....
PLEASE TELL ME THE LEGAL MEANING OF THIS DIRECTION IN SIMPLE WORDS.... ALSO TELL ME WHETHER IT IS A STAY OR EQUIVALENT TO STAY?????
ajay sethi
(Expert) 29 May 2012
you have been transferred out of delhi and you have challneged transfer . court has directed notice to be issued to govt .
court has protected your interests that if vacanices are filled in by govt after holding exams it would be subject to final orders passed in your case . in other words if you win the case you will be entitled to posting in delhi only and govt cannot take the plea that vacanices have already been filled in
Shonee Kapoor
(Expert) 30 May 2012
Agreed with Ld. Sethi
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prateekkkk
(Querist) 17 August 2012
respected members please advice me on following issues refering my case detail above:
1. My office is treating my posting outside delhi as Promotion only, and said DOPT norms applicable only in case of transfer...Please tell me if i am giving promotion outside delhi then it is a transfer on promotion?
2.My office is also arguing that they cant give me promotion in delhi because it is not possible to by pass seniors, as they are also requesting for delhi posting..First promotion outside delhi were offered to my seniors,which shows their inability to join.. i am next in panel.They are NOT PHISICALLY HANDICAPPED, and Dopt norms also not applicable to them.how can i proof their justification wrong in court?
