Re: issue with joining date as assitance teacher
Sandip
(Querist) 26 July 2021
This query is : Resolved
Respected Law Experts,
I have applied for job of assistant teacher before 4 years in one of the school (government granted), and DEO rejected my application and gave reason that the university where I have studied is not UGC recognized. Then I have filed SCA in high court and won the case. Then they filed LPA and again they lost and finally they allowed me to join the post.
Now the query is they have considered my joining from current month while it should be from the date i.e. before 4 years when they rejected my application with false ground.
Should I file another appeal in high court to consider my job starting from back date?
What ground should I consider i.e. that was not our fault and due to mistake of DEO we have to suffer for these many years without job?
Which section or under which IPC we can file such case and is there any reference case available which we can study and present as reference?
Thanks.
Dr J C Vashista
(Expert) 27 July 2021
The judgment passed by DB in LPA has to be perused to form proper opinion and oblige.
Generally all the relevant questions are covered by the judgment, which has to be a speaking order on the subject.
What is the advise of the lawyer engaged by you who is well aware about the facts and circumstances of the case?
krishna mohan
(Expert) 27 July 2021
Unless court has given order to count your joining date as the date as claimed by you based on your prayer, you can not demand as right. Better consult your lawyer who can guide you correctly.
kavksatyanarayana
(Expert) 27 July 2021
Yes. I agree with the advice of learned expert Mr. JC Vasistha sir. The orders of the LPA shall be got verified by a local lawyer for further guidance.
P. Venu
(Expert) 12 August 2021
What do you mean by "DEO rejected my application? "
Was it after the selection process was completed and your appointment was finalised? Is it the case that but for the DEO's decision, you would have secured the appointment?
Were you employed during this period of four years?
Other than the earnings, have you been deprived of seniority etc.?
Sandip
(Querist) 12 August 2021
What do you mean by "DEO rejected my application?
-> That means the school (granted school) did selection process and send application to DEO for Sanction of the post and he rejected.
Was it after the selection process was completed and your appointment was finalised?
-> Appointment can be finalised after sanction from DEO office only so yes selection process was completed from school but appointment not finalised due to rejection.
Is it the case that but for the DEO's decision, you would have secured the appointment?
-> As mentioned in last answer appointment was not secured.
Were you employed during this period of four years?
-> No, since SCA was going in High court which we won in 2019 then we filed MCA (Contempt) and then they filed LPA which again they lost.
Other than the earnings, have you been deprived of seniority etc.?
-> Yes seniority is the point here other than earnings as we can plead for back wages but since no work no wages principle that would be bit difficult.
P. Venu
(Expert) 12 August 2021
The situation requires that a representation be made in the first instance. If not successful or no response, you can approach the High Court through a WP (SCA), if so advised.
