Service matter
Querist :
Anonymous
(Querist) 28 May 2010
This query is : Resolved
I have filed the O.A application before the Hon'ble CAT for denial of the appointment despite of being placed in the waiting list panel which was having in its validity period when the vacancy was created .The Hon'ble CAT has allowed the O.A by directing the respondents to consider the case of the Applicant from the date of accural of vacancy
The O.P is planning to file the writ Petition before the Divisional Bench of the High Court Agianst the order of the CAT
The Applicant was already been working on adhoc basis and the respondents had not consider his case for regular appointment
Please inform
Whether the Applicant can seek the interim relief before the High court in its reply affidavit if the respondents file the appeal application as Apellants?
Whether he needs to file the separate the Miscallneous Application for interim relief or in the reply Affidavit as being the respondent before the High court?
Or
whether separate petition before the High Court is mainatainable?
Thanking you in anticipation
Regards
Binod Kumar Mishra
(Expert) 29 May 2010
Dear Friend,
since you O.A. has been allowed then it is your employer who has loose his case in CAT and by virtue of law he may move to Hon'ble High Court seeking seting aside of order of CAT and also request for interim order.it is their bonafide request. one more things they have to file the case in High Court as an appellant. he also need not to file any miscellaneous application for interim relief. they can club their interim pray in writ petition itself.
you need not to be worry for their act but do your own act wisely. since you have won the O.A. from CAT see that when your employer will file writ and attend the hearing on very first day when the case will be listed.
from which place of india you are serving. please inform and if you need any further assistance please free to write me through personal mail.
good luck.
Querist :
Anonymous
(Querist) 29 May 2010
I disagree with this
From the query It appears that Applicant is Respondent in THE HIGH COURT and It also appears that he is working on adhoc basis
He is seeking the information whether he can seek relief in the High court if he act as respondent so that his employer will not terminate his services during the course of appeal?
Guest
(Expert) 29 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9950223100
REGARDING THE JUDGEMENT OF CAT AND EXECUTION KINDLY NOTE THAT.
KINDLY NOTE THAT EMPLOYER MAY FILE APPEAL TO THE HIGH COURT AND PRAY FOR INTERIUM STAY OF CAT JUDGEMENT/ORDER.
IT IS ADVISIBLE THAT THE STAFF SHOULD FILE A CAVEAT IN THE HIGH COURT AND OPPOSE THE APPEAL AND INTERIUM PRAYERS OF STAY OF JUDGEMENT OF CAT.
IN THE MEANTIME THE EMPLOYEE MAY SUBMIT THE COPY OF JUDGEMENT TO THE EMPLOYER AND PRAY FOR IMPLEMENTATION OF THE JUDGEMENT.
YOU MAY WRITE OR CALL FOR ANY FURTHER HELP.
THANKS.
