service matters
raju
(Querist) 11 November 2012
This query is : Resolved
sir,
CAT has dismiseed the becuase of limltion
cas u take up the case in cservice matters in survey of india
Sudhir Kumar, Advocate
(Expert) 12 November 2012
what do you mean.
You are telling that the CAT has rejected the case being time barred. Unless that decison could be chalnaged you have no legal remedy.
You are not even giving any fact of the case so none should venture to advise you if any other remedy could be of any help to you
raju
(Querist) 13 November 2012
sir,
the case is of compensate appointment my father expired in service and the case was dismissed in limitation grounds in CAT hyderabad in 2003
has per govt recent GO there is no time limit for compensate appointment
can again go to CAT or get a relief from high court for appointment
Sudhir Kumar, Advocate
(Expert) 14 November 2012
2003.. case dismissed by CAT............?
how old is the death .........?
Prima-facie the compassionate job is not enforceable right. It is a Govt Bank which follows Govt guidelines. In your case the bank does not at all seems to be working ruthlessly. Compassionate jobs are given only out of 5% of Class III&IV posts (in direct recruitment quota) and comparative merit of the applicants is assessed. Remember reservation beyond 50% is not allowed as per Supreme Court guidelines. The Govt sector jobs are already reserved to the extent of 50% (15 SC+ 27 OBC + 7 ST). Therefore even that 5% is to be taken from the proportionately by vertical reservation from the respective share of Sc/ST/OBC/gen category posts depending upon the category of the applicant. That being the case the share if gen candidate is 5% of 50% = 2.5% out of total Class III&IV posts (in direct recruitment quota) , and OBC it is 5% of 27% = 1.25% out of total Class III&IV posts (in direct recruitment quota) , for SC 5% of 15% = .75% out of total Class III&IV posts (in direct recruitment quota) , and for ST it will be 5% of 7.5% = 38% out of total Class III&IV posts. No job can be offered beyond that limit even if the applicants are large number. The sots reserved for Handicapped, ex-servicemen and sports persons are also allocated in the same manner to ensure that horizontal reservation does not exceed 50%. So comparative merit is drawn based on the indignant condition of each family.
You have not indicated if a family richer than you have been given the compassionate job which refusing the same to you.
Sudhir Kumar, Advocate
(Expert) 14 November 2012
further ,
what reasons you will adduce for not approaching High Court within three months of dismissal of case by CAT.
raju
(Querist) 14 November 2012
sir,
the case was pending in the office of survey of india, for long time because till 2000 and give me letter stating that u r not interested for job and since so long time u did not approach the office and closed the case in 2000,and approached the CAT and CAT dismissed on limitation bases ,i belong to poor family my father was a driver he die in service
has per central govt recent GO in july there is no time limit for compensate appointment
can i again go to CAT or get a relief from high court for appointment in compensate appointment
Sudhir Kumar, Advocate
(Expert) 18 November 2012
if you are poor that doee snot mean that rules will be overlooked. if you feel that there is some such OM in July 2012 then approach court again, after representing to the deptt.
But since death took place long ago you have no case.
