Looking for legal advice (withheld by ssc)
Guest
(Querist) 14 April 2013
This query is : Resolved
Hello,
I was selected in FCI-2012 exam conducted by SSC.My nomination(a process where SSC recommends the candidates name to the concerning body i.e FCI here for appointment) is not yet done as they have withheld me and 20 other candidates from Eastern region based on post-exam analysis where prima facie we all are suspected of committing malpractice.As per the ex-chairman verification is going on.But SSC is clearing the withheld candidates of another exam which was held much later to FCI.After final result 7 months has passed and after second nomination list 2 months has passed.95% of the selected candidates has already joined.Neither specific cause nor any time frame is given to us as to when the decision will be taken. What to do to make the process faster? Should I file a case for my seniority loss and pay loss? Kindly advise. Thanks in advance!
Devajyoti Barman
(Expert) 15 April 2013
You can file Writ in the nature of Mandamus in the High Court if you want thing expedited and may in your favour.
Raj Kumar Makkad
(Expert) 15 April 2013
First of all send reminders followed with a legal notice and failing with the desired action, file writ before high court. It shall be better to engage a lawyer dealing in service matters for this purpose.
Guest
(Querist) 15 April 2013
Sudhir Kumar - They are suspecting all 21 of us from eastern region to be involved in malpractice.I was never involved in any such thing. All over India they have withheld about 150 candidates.It was done based on post-exam analysis.Now, none is talking about what is that(post-exam analysis) or what is the process to clear these cases.
Guest
(Querist) 15 April 2013
Just to confirm, do i have to file writ in high court or CAT? Is anything to be done through CAT?
Anirudh
(Expert) 15 April 2013
As yet you are not an employee. therefore you cannot approach CAT. You can definitely approach the HC by means of a writ petition.
Adv k . mahesh
(Expert) 15 April 2013
you can file a case at CAT also and you can request to speed the process till then to safeguard you place can also ask to stop recruitment of one post
Anirudh
(Expert) 15 April 2013
Dear Mr. Mahesh,
He is not an employee. Therefore, how can he approach CAT? Please clarify.
Adv k . mahesh
(Expert) 15 April 2013
for your reference i am giving
JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS
14. Jurisdiction, powers and authority of the Central Administrative Tribunal.-
(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court in relation to-
(a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence service, being, in either case, a post filled by a civilian;
(2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [or societies] owned or controller by Government, not being a local or other authority or corporation [or society] controller or owned by a State Government:
Guest
(Querist) 16 April 2013
Thanks to all of you for your advice.
Could you please tell me about one more thing whether I can claim compensation from SSC as I am loosing a couple of months salary as my joining is getting delayed ?
Other candidates who had passed with me already joined Food Corporation of India(FCI) 2 months back and are getting salary regularly.
Thanks!
Raj Kumar Makkad
(Expert) 19 April 2013
No work no pay is the general rule so you cannot ge salary for that period however, your service can be counted therefrom.
