Regularization of adhoc service on retrospective effect
Veeravadhani Munagala
(Querist) 08 December 2014
This query is : Resolved
Sir,
A few LDCs are working in my department on adhoc basis since 1998. I joined the department in 2000. The adhoc LDCs have gone to CAT, Mumbai for regularization of their adhoc services from the date of their initial appointment. CAT has acceded their prayer and directed to the department to consider their case for regular appointment from 1998 as well as consequential benefits.
Now, my query is that
a) whether the CAT is right in directing to consider regularization of the adhoc services with retrospective effect?
b) whether it will adversely effect the existing and settled seniority of the already regular employees
c) whether i can prefer a PIL before the Hon'ble High Court against the CAT order?
In fact, I am in search of an efficient advocate to deal this matter. Please guide me.
Regards.
Isaac Gabriel
(Expert) 08 December 2014
You cannot question the court order.You can send representation to department if you feel you are humiliated and seek relief as ordered .
P. Venu
(Expert) 09 December 2014
Will the implementation of the order place them senior to you? Were you a respondent in the matter?
Guest
(Expert) 09 December 2014
You have not stated, whether you were made party to the CAT case by adhoc employees or not.
If you were made party, but not represented your case in the CAT, you have already lost the case. The department is helpless before a court order and has to implement the order.
Moreover, the department was not justified to fill up the posts by fresh recruitment before regularising the existing adhoc arrangements on merit against the existing posts.
ajay sethi
(Expert) 09 December 2014
agree with Dhingraji
Veeravadhani Munagala
(Querist) 09 December 2014
Yes, implementation of the CAT order will place them senior to me.
No, I was not a respondent before the CAT.
Whether, in the light of judgment of Apex Court in State of Karnataka vs. Umadevi & Ors, the department should not challenge the CAT order before High Court?
P. Venu
(Expert) 09 December 2014
Apart from the further action the Department may pursue at its wisdom, you will have a cause of action for administrative and judicial remedies if they are placed senior to you,
Better wait till the Dept. takes the next step.
Guest
(Expert) 09 December 2014
The department cannot be considered as the aggrieved and affected party. The aggrieved and affected party consists of you and others of your batch mates. It is unbellievable, if you as affected person, were not made party. However, if really you were not made a party, you can challenge the order. But, you cannot hope much from the case due to the nature of the case you described.
