Service matters related to central govt.
A K Singh
(Querist) 20 September 2017
This query is : Resolved
A candidate has successfully cleared the UPSC exam under OBC Category but he was denied of allocation of service by DoPT under OBC category b'coz as per them he was coming under OBC - Creamy Layer, So not entitled for reservation.
Aggrieved by this action of of Govt. he approached Central Administrative Tribunal, Madras Bench and filed application O.A. 1375/2014 and as per judgement of this Tribunal on 12.01.2017 he was entitled for reservation and Govt. was directed to Allot him service under category and withdraw the clarification in para 9 of the OM 36033/5/2004 - Estt (Res.) dated 14.10.2004 to the extent it is made applicable to II-C and reformulate it appropriately in the light of the observations made herein within a period of three months.
Then GoI, DoPT appealed against this judgement of CAT, Madras Bench and approached the Madras High Court to set aside this judgement of CAT, Madras bench through W.P. 6389/2017. This petition was set aside by Madras High Court and Judgement of CAT, Madras Bench was upheld on 31 aug. 2017.
Please suggest me on this 3 questions:-
(1) I want to know, now within how much time Govt. will have to allot service to above person and withdraw para 9 of O.M 2004 ?
(since as per CAT time was given to govt. was 3 month but govt. has challenged the same in HC)
(2) Whether Govt. can Appeal against this order of HC ? If yes then how much time will be taken by SC to decide on this matter ?
(3) If SC also upheld the decision of CAT, HC, Madras then whether the govt. will be bound to allot him service and withdraw para 9 of above O.M ?
Isaac Gabriel
(Expert) 20 September 2017
You can file contempt if not acted upon within the specified time.If appeal is filed you have to wait till the disposl of the appeal.
Guest
(Expert) 20 September 2017
It is hard to predict whether the Government will go for appeal or how much time it will take to withdraw the clarification. However, I can guess that the Government will not withdraw the clarification till its final appeal to the SC is rejected. The matter may take years together to be finalised. By that time you can be over age for Government job.
if a real case, not your academic exercise as a student, better compete again with full zeal. Fruits of the present case, if you win, can be tasted even after withdrawal of clarification by the Government or final decision by the SC.
Contempt may not be justified, when appeal made within the stipulated period by the CAT.
Rajendra K Goyal
(Expert) 21 September 2017
Government can go for appeal.
However, if appeal not preferred, offer can be made at an early date.
P. Venu
(Expert) 21 September 2017
Now that the High Court has dismissed the WP, you can move a contempt or implementation petition in the High Court.
Yes, the Government has the option to approach the Supreme Court through an SLP. But approaching the CAT would expedite the action on the part of the Government. Otherwise, things may remain in a limbo.
