promotion shall be subject to the final outcome of the present petition
Querist :
Anonymous
(Querist) 27 April 2011
This query is : Resolved
Dear Experts,
All you are kindly requested to explain the query on the following matter:
In a proceeding of a writ petition another connected writ petiton was filed along with an application for ex-parte adinterim order. The prayer was "pass ad-interim ex-parte order restraining the respondents no. 1 and 2 to pay promotional benifits of next higher grade to the respondents no. 3. with immediate effect."
In response to the above prayer the Hon'ble Court made the following order:
"Notice.
Heard. The promotion to the respondent Nos. 2 and 3 on the next higher grade of Chief Manager shall be subject to the final outcome of the present petition."
Later on when I personally appeared before the court. The Hon'ble Court made this interim order absolute as follows:
"Interim orders passed on 12.03.2010 are made absolute till the disposal of this writ petition."
I could not understand how the interim order had given any relief and how it would affect me when it has been made abolute.
Thanks and regards
A Prasad
Kirti Kar Tripathi
(Expert) 28 April 2011
By this order, the Hob'ble court has not restrained the employer from making respondent no. 2 and 3 but imposed an condition that said promotions will be subject to the final out come of the writ petition. In case, writ petition is allowed. the promotions of the said respondents will relate back otherwise they will continue to enjoy benefits of promotion.
V.Harikrishnan
(Expert) 28 April 2011
Dear Sir
You have not indicated your position in the writ petitions. That is whether you are the petitioner or respondent 1 or respondent 2. After knowing this only I can say how you are affected by the orders of the Honourable High Court
Querist :
Anonymous
(Querist) 28 April 2011
Dear Harikrishnan,
As to clarification sought by you, I am the petitioner and my position is that I have also been promoted in the same grade but after about 8 months r3 had been promoted. My grivance is that R3 is not having degree in engineering while I have not only the required degree but have higher degree also. I have more total working experience and more departmental experience. Mine is proper recruitment while that of R3 is backdoor entry.
I would be more happy to give further clarification if requied.
Finaly, what is the meaning of interim order is made absolute.
Thanks and regards
A. Prasad.
R.Ramachandran
(Expert) 28 April 2011
While you are the petitioner, please indicate who is R1, R2 and R3.
Also indicate what is your prayer in the case.
Querist :
Anonymous
(Querist) 28 April 2011
Dear Ramachndran Ji,
R1 is Ministry of Railway, Union of India,
R2 is an Autonomous organisation fully funded and fully controlled by MoR.
R3 private party whose appointment was made by R1 and R2 with R2.
Prayers in first WP(C)
1. Pass an appropriate writ, order or direction declaring the illegal, arbitrary and dicriminatory direct appoint of R3 on the promotional post as null and void.
2. Pass an order, direction or writ in the nature of mandamus not to promote R3 in the next higher grade.
3. pass an order, direction or writ in the nature of mandamus to promot the petition in the next higher grade.
Prayers in second(connected) WP(C)
1. Pass an appropriate writ, order or direction declaring the illegal, arbitrary and dicriminatory promotion of R3 in the next higher grade as null and void.
R.Ramachandran
(Expert) 28 April 2011
As rightly pointed out by Mr. Kirti Kar, the effect of the order is that the appointment / promotion of R3 is subject to the outcome of the writ petition.
Querist :
Anonymous
(Querist) 28 April 2011
Dear Experts,
As at present I am working as junior to non degree holders. I am being humiliated every day. R3 in collusion with R1 and R2 are humiliating in every respect except salary. Now since both the writ petitions have been put in regular category. I don not know how long I have to face everyday's humilation.
Kindly advice if any legal solution is available.
Thanks & Regards
A.P.
R.Ramachandran
(Expert) 28 April 2011
Dear Mr. A.P.
Hold on. You are already in court and the decision has to come. You have to wait. Even otherwise you don't know what the decision of the court is going to be. Therefore, forget about the 'humiliation', 'daily humiliation' etc., etc. That may be your feeling. If the court decision goes against you what are you going to do? Therefore, do not approach a matter with emotion. You felt something wrong and you have approached the court. Now await the decision of the court. Even if takes some more time, so be it. We are in a system, which is slow. We have to endure it.
Querist :
Anonymous
(Querist) 29 April 2011
Dear Experts,
Thanks a lot to all of you.
I am very much satisfied with the explanations given by Mr. Kirti Kar. I specially thank him for enhancing my knowledge. It would further enhance my knowledge if he sheds more light on my other doubts. My doubt is that if the prayer "Pass an appropriate writ, order or direction declaring the illegal, arbitrary and dicriminatory promotion of R3 in the next higher grade as null and void" in the writ petition itself declares promotion null and void if it is admitted then what is the need of such interim order. Further as i think this interim order is not going to give me any relief.
I also give my sincere thanks to Mr. Ramachandran for giving his kind advice to live in realistic world not in idealistic world.
As WPCs are in regular categary and pending. We cannot discuss merits or demirts and cannot go to any other forum.
I just wanted to know whether, by engaging a lawyer, it is possible to go for restoring the WPCs from regular category to normal category or for early hearing?
Thanks and regards
AP
